Dyer v. Jacoway
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, in Chancery. Hon. G-. B. BukisoN, Special Judge. Courts of chancery have jurisdiction and will exercise it to surcharge or falsify, re-state or set aside settlements of administrators for fraud. S3 Ark., 727 ; 34 lb., 63 and \l7. 1. The court had no jurisdiction. The administration •was still pending in the probate court, and the parties had full and ample remedy there.
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APPEAL from Yell Circuit Court, in Chancery. Hon. G-. B. BukisoN, Special Judge. Courts of chancery have jurisdiction and will exercise it to surcharge or falsify, re-state or set aside settlements of administrators for fraud. S3 Ark., 727 ; 34 lb., 63 and \l7. 1. The court had no jurisdiction. The administration •was still pending in the probate court, and the parties had full and ample remedy there. (Gantt’s Dig., secs. 1183-4-; •Const., art. 7, see. 34-; 33 Ark., 592 and 728.) Courts of -chancery interfere only upon a clear showing of fraud. 34 Ark., 71. 2. Review the thirty-one charges in…
1Opinion of the CourtEakxN, J.
Appellants, creditors of the estate of Samuel Dickens, deceased, on behalf of themselves and other creditors of said estate, filed this bill in 1878, against the administrator Jacoway, his sureties on his bond, and Mrs. Elizabeth D. Jacoway. The object of the bill was to set aside for fraud the settlements made by Jacoway in the probate court, to restate the accounts, to hold the sureties liable, and to subject to any decree to be rendered, certain real estate to which Mrs. Jacoway had legal title, A demurrer to the bill for want of equity was sustained, whereupon complainants rested. The…
2Cited by18 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Jacoway v. HallSupreme Court of Arkansas · 1900
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
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