Boshears v. Anderson
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; The court erred in sustaining the demurrer. The probate court had no exclusive jurisdiction of claims against the estate of deceased persons. 7 Ark. 84; 134 Id. 411; 210 S. W. 145. Our circuit courts also have jurisdiction of such- claims. 7 Ark. 78; 14 Id. 237; 30 Id. 756; 90 Id. 340; 49 Id. 51; 51 Id. 361; 210 S. W. 145. The demurrer was properly sustained.
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Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; The court erred in sustaining the demurrer. The probate court had no exclusive jurisdiction of claims against the estate of deceased persons. 7 Ark. 84; 134 Id. 411; 210 S. W. 145. Our circuit courts also have jurisdiction of such- claims. 7 Ark. 78; 14 Id. 237; 30 Id. 756; 90 Id. 340; 49 Id. 51; 51 Id. 361; 210 S. W. 145. The demurrer was properly sustained. If the complaint is true, there was a cause of action against J. W. Anderson personally, hut none against the. estate of James Anderson, as 'he committed no…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is contended by counsel for appellee that the judgment should be sustained under the authority of McCustian v. Ramey, Admr., 33 Ark. 141, where it was held that an executor or administrator receiving money by mistake as assets of his decedent’s estate will not be-excused from his liability to refund the same on the ground that the money has been applied by him in the course of administration. This case only goes to the extent of holding the administrator liable personally in cases like the one under consideration and does not consider the question of…
2Cases cited4 opinions
- Simpson v. SnyderSupreme Court of Iowa · 1880
- Clapp v. WaltersTexas Supreme Court · 1847
- McCustian v. RameySupreme Court of Arkansas · 1878
- Clayton v. BoyceMississippi Supreme Court · 1884
3Cited by4 opinions
- Gilliam v. HopkinsMissouri Court of Appeals · 1971
- Nye v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1931
- Gilliam v. HopkinsMissouri Court of Appeals · 1971
- Spina v. HundleyWest Virginia Supreme Court · 1938