Black v. Robinson
Supreme Court of Arkansas
Appeal from Monroe Circuit Court.' George M. Oitapline, Judge. The creditors have delayed too long in seeking the sale of the lands.
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Appeal from Monroe Circuit Court.' George M. Oitapline, Judge. The creditors have delayed too long in seeking the sale of the lands. The charge upon the real estate of a decedent, to pay his debts, is not perpetual. 37 Ark. 155; 46 Ark. 373; 47 ib. 470; 54 ib. 65; 56 ib. 633; 63 ib. 408. The administrator has no more control over or interest in the lands of a decedent than is necessary for the payment of debts. 27 Ark. 235. Creditors must make application for sale of lands of a decedent, when same is necessary to satisfy debts, within a reasonable time; and laches will bar their rights. 54…
1Opinion of the CourtHughes, J.
This is a petition by the administrator to sell lands belonging to his intestate’s estate to pay debts. The petition shows on its face that the application to sell was made more than seven j^ears after the death of the decedent, and the qualification of his first administrator. He seeks to excuse- this delay upon two grounds: (1) That the heirs of the estate had been in “endless litigation” over the claims and property of said estate; (2) that in the years 1897 and 1898, “the only two years your petitioner has acted as administrator, there were two large overflows, one each year, rendering…
2Cases cited6 opinions
- Stewart v. SmileySupreme Court of Arkansas · 1885
- Mays v. RogersSupreme Court of Arkansas · 1881
- Roth v. HollandSupreme Court of Arkansas · 1892
- Brogan v. BroganSupreme Court of Arkansas · 1897
- Graves v. PinchbackSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Field v. TynerSupreme Court of Arkansas · 1924
- Mayo v. MayoSupreme Court of Arkansas · 1906
- Brewer v. WilsonSupreme Court of Arkansas · 1932