Davis v. Rhea
Supreme Court of Arkansas
Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; The chancery court has no jurisdiction to set aside the allowance of a claim by the probate court except for fraud in procuring it.
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Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; The chancery court has no jurisdiction to set aside the allowance of a claim by the probate court except for fraud in procuring it. Black on Judg. 321; 68 Ark. 492; 73 Id. 444; 39 Id. 256; 75 Id. 426. A court of equity will not interfere unless justice imperatively demands it, and until it clearly appears that it would be contrary to equity and good conscience to allow the judgment to be enforced. 51 Ark. 341; 48 Id. 535. Such relief will not be granted where the evidence is conflicting. 76 Ark. 588; 74 Id. 292. The party…
1Opinion of the CourtMcCulloch, C. J.
The appellees are heirs at law of Joe Ann Davis, who died intestate in Randolph County, Arkansas, in the year 1906. W. A. Jackson was, in March, 1907, duly appointed as administrator of the estate of said decedent, and proceeded with the administration in due course. Appellant, Bascomb Davis, brought forward a claim against the estate in the sum of $700 for services rendered the decedent; and after an ineffectual effort to adjust the claim with the heirs he presented it, duly authenticated, to the administrator for allowance. The administrator disallowed the claim, but it was presented to the…
2Cases cited3 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- James v. GibsonSupreme Court of Arkansas · 1904
- Scott v. PennSupreme Court of Arkansas · 1900
3Cited by9 opinions
- Reeves v. CongerSupreme Court of Arkansas · 1912
- Hoshall v. BrownSupreme Court of Arkansas · 1912
- Franklin Sav. Bank of Franklin v. GarotCourt of Appeals for the Eighth Circuit · 1934
- Southern Furniture Company v. Morgan.Supreme Court of Arkansas · 1948
- Johnson v. Lumbermen's Reciprocal Insurance ExchangeSupreme Court of Arkansas · 1970
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