Jacoway v. Hall
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dauville District. The chancery court had no jurisdiction to try the case again after its reversal, until the mandate was filed. 10 Ark. 453. The judgment of the probate court ordering a fro rata payment was in rem-, hence it is a valid estoppel against the world. Big.Est. 45, 200, 329 and600; 16 Mass. 299; 50 Ark. 201; 53 Ark. 514. It was error for the court to overrule appellant’s plea of the ten-year, statute of limitation as to judgments.
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Appeal from Yell Circuit Court, Dauville District. The chancery court had no jurisdiction to try the case again after its reversal, until the mandate was filed. 10 Ark. 453. The judgment of the probate court ordering a fro rata payment was in rem-, hence it is a valid estoppel against the world. Big.Est. 45, 200, 329 and600; 16 Mass. 299; 50 Ark. 201; 53 Ark. 514. It was error for the court to overrule appellant’s plea of the ten-year, statute of limitation as to judgments. A probate allowance is a judgment, within the meaning of that statute. 23 Ark. 169; 48 Ark. 282. This plea can be made…
1Opinion of the Court
■ Riddick, J.
This case commenced in the probate court, and the questions involved arise on exceptions filed by certain creditors to a settlement of W. D. Jacoway as administrator of the estate of Samuel Dickens, deceased. The administration of Dickens' estate commenced in 1867, and, it seems, should have been ended long ago, but by reason of litigation arising out of certain settlements filed by the administrator the administration is yet unclosed. Some of the questions involved in the litigation referred to have been twice before this court, and a fuller history of the administration of this…
2Cases cited5 opinions
- Harrison v. PereaSupreme Court of the United States · 1897
- Dyer v. JacowaySupreme Court of Arkansas · 1883
- Trimble v. JamesSupreme Court of Arkansas · 1883
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Dyer v. JacowaySupreme Court of Arkansas · 1887
3Cited by25 opinions
- Estate of Torian v. SmithSupreme Court of Arkansas · 1978
- Kratz v. Slaughter's Exrs.Court of Appeals of Kentucky · 1919
- Gooding v. Watson's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
- Slack v. DowningCourt of Appeals of Kentucky (pre-1976) · 1930
- Miller v. Oil City Iron WorksSupreme Court of Arkansas · 1931
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