Jamison v. Adler-Goldman Commission Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. James W. ButeER, Judge. 1. The administrator had the right to appeal. He was an interested party, and is the representative of creditors. 57 Ark. 232; 55 id. 232; 143 Mass. 234; 4 Rawle, 267; 1 Wins. (N. C.) 97; 3 Rand. (Va.) 479; 6 Mete. (Mass.) 194; 41 Ala. 274; 1 Paige, 270; 4 Johns.
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Appeal from Jackson Circuit Court. James W. ButeER, Judge. 1. The administrator had the right to appeal. He was an interested party, and is the representative of creditors. 57 Ark. 232; 55 id. 232; 143 Mass. 234; 4 Rawle, 267; 1 Wins. (N. C.) 97; 3 Rand. (Va.) 479; 6 Mete. (Mass.) 194; 41 Ala. 274; 1 Paige, 270; 4 Johns. Ch. 199, note; 2 Woerner, Law of Adm. p. .1231; 30' Ark. 249. 2. The assets of the estate should have been apportioned on the basis of the amount actually due the appellee, and not on the amount of their claim as probated. The better doctrine is that creditors of an estate…
1Opinion of the CourtBattle, J.
Charles W. Winfree,- being indebted to appellees in a large sum of money, conveyed to a trustee certain lands belonging to him to secure the payment of the debt. He failed to comply with the condition of his deeds, and the lands became subject to sale to satisfy the liens thereby acquired. After this he died, leaving an insolvent estate. Debts were allowed against it in the fourth class by the probate court to the amount of $17,534.15, among which were the claims of appellees for $9,544.41, which were secured by the deeds of trust executed by the deceased in his life time. These claims were…
2Cases cited15 opinions
- Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Amory v. FrancisMassachusetts Supreme Judicial Court · 1820
- In re BatesIllinois Supreme Court · 1886
- Findlay v. HosmerSupreme Court of Connecticut · 1817
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3Cited by11 opinions
- Denison v. JeromeSupreme Court of Colorado · 1908
- Davis v. LawhonSupreme Court of Arkansas · 1932
- In re Luscombe's WillWisconsin Supreme Court · 1901
- Estate of Prescott State BankArizona Supreme Court · 1931
- Union Trust Co. v. Fletcher Savings & Trust Co.Indiana Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.