Davis v. Straus
Supreme Court of Arkansas
Appeal from Garland Chancery Court; B. E. Randolph,, Special Chancellor; STATEMENT OE EACTS. Hamp Davis and Florida Davis brought this suit in equity against Gus Straus and others as sureties on the bond of the administrator of the estate of Ella Davis, deceased, to surcharge and falsify said administrator’s account, and as grounds therefor allege that said administrator took into his possession certain property of said decedent and failed to account for the same.
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Appeal from Garland Chancery Court; B. E. Randolph,, Special Chancellor; STATEMENT OE EACTS. Hamp Davis and Florida Davis brought this suit in equity against Gus Straus and others as sureties on the bond of the administrator of the estate of Ella Davis, deceased, to surcharge and falsify said administrator’s account, and as grounds therefor allege that said administrator took into his possession certain property of said decedent and failed to account for the same. Ella Davis died owning two dwelling houses and the furniture therein situated in Hot Springs, Arkansas. Hamp and Florida Davis and…
1Opinion of the CourtHart, J.
(after stating the facts). The decree of the chancellor was correct. Counsel for the plaintiffs seek to reverse the decree on the ground that the furniture which was inventoried at $181.55, and which was taken possession of by the administrator and sold for $28, was worth considerably more than its appraised value, and that therefore the action of the administrator was fraudulent.
A court of chancery can inquire into the orders and proceedings of the probate court in the manner and upon the same ground that it may investigate the judgments and proceedings of other courts, upon charges of…
2Cases cited3 opinions
- Nelson v. CowlingSupreme Court of Arkansas · 1909
- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
- McLeod v. GriffisSupreme Court of Arkansas · 1888
3Cited by1 opinion
- Green v. StateCourt of Criminal Appeals of Texas · 1927