Watkins v. Parker
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Zachwriah T. Wood, Chancellor; STATEMENT BY THE COURT. On the 16th day of July, 1904, W. L. Howell executed to Dr. J. L,. Parker a deed to 320 acres of land in Ashley County, Arkansas. The consideration for the deed was that Dr. Parker should take care of Howell for the remainder of his natural life, and pay $150 annually.
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Appeal from Ashley Chancery Court; Zachwriah T. Wood, Chancellor; STATEMENT BY THE COURT. On the 16th day of July, 1904, W. L. Howell executed to Dr. J. L,. Parker a deed to 320 acres of land in Ashley County, Arkansas. The consideration for the deed was that Dr. Parker should take care of Howell for the remainder of his natural life, and pay $150 annually. Parker executed to Howell his note of the same date as the deed, and due on or before the 1st day of January, 1905. On the 2d day of August, 1904, Wash L. Howell died, and Thos. E. Watkins was duly appointed as administrator of his estate.…
1Opinion of the Court
Hart, J.,
(after stating the facts). The decision of the chancellor was wrong. We will first take up the right of the defendant to setoff the note given by Howell to the Bank of Hamburg and purchased by defendant after Howell’s death.
“In suits by administrators, debts existing against their in-testates and owing to the defendant at the time of the death of the intestate may be setoff by the defendant in the same manner as if the action had been brought by and in the name of the deceased.” Kirby’s Digest, § 6102.
It is plain from the language of this section that the defendant did not have under…
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