Adams v. Thomas
Supreme Court of Arkansas
APPEAL from Yell Circuit Court in Chancery. Hon. H. S. Carter, Special Judge. The jurisdiction of a court of chancery to set aside sales made in pursuance of orders or judgments of probate courts for fraud, either before or after the administration is closed, is unquestioned. 3%. Ark., 63; Dyer v. Jacoway, ft® Ark., 186. Probate courts are courts of limited jurisdiction, and have none over real estate except that given by statute, and before they can acquire jurisdiction the…
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APPEAL from Yell Circuit Court in Chancery. Hon. H. S. Carter, Special Judge. The jurisdiction of a court of chancery to set aside sales made in pursuance of orders or judgments of probate courts for fraud, either before or after the administration is closed, is unquestioned. 3%. Ark., 63; Dyer v. Jacoway, ft® Ark., 186. Probate courts are courts of limited jurisdiction, and have none over real estate except that given by statute, and before they can acquire jurisdiction the statute must be followed and complied with. The personal property must have been insufficient to pay the debts, notice…
1Opinion of the Court
Oockrill, O. J.
This was a suit in equity by the heirs or J. N. Holland, deceased, against the purchaser and those claiming an interest in certain lands which were owned by Holland at the time of his death, and had been sold by the administrator of the estate in 1860, under an .order of the probate court of Yell County. The complaint alleges that at the time the petition for the sale of the lands was presented to the court, the administrator had personal assets in his hands sufficient to pay off the debts of the estate and costs of administration, and that the petition ■did not pursue the…
2Cases cited1 opinion
- McCown's Executors v. FosterTexas Supreme Court · 1870
3Cited by4 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Jarrell v. Laurel Coal & Land Co.West Virginia Supreme Court · 1915
- Hare v. ShawSupreme Court of Arkansas · 1907
- Road District No. 27 v. SpradleySupreme Court of Arkansas · 1922