Clark v. Spanley
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The court should have given a peremptory instruction in favor of appellant. It is admitted that he is trustee for the estate of B. B. Clark, and there is nothing to show that he had authority as trustee to bind her estate in this matter. Moreover, the only way to obtain a judgment against the estate of a deceased person is to proceed against the administrator. Art. 7, § 34, Const.
Read the full summary
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The court should have given a peremptory instruction in favor of appellant. It is admitted that he is trustee for the estate of B. B. Clark, and there is nothing to show that he had authority as trustee to bind her estate in this matter. Moreover, the only way to obtain a judgment against the estate of a deceased person is to proceed against the administrator. Art. 7, § 34, Const. Ark.; 33 Ark. 575; 33 Ark. 727; 44 Ark. 423 ; 47 Ark. 222; Id. 317; Id. 460; 48 Ark. 544; 50 Ark. 34; 51 Ark. 361, 366; 45 Ark. 267; 49 Ark. 51. This is…
1Opinion of the CourtHart, J.
Charles A. Spanley, trustee in bankruptcy-of the Hanna-Breckenridge Company, instituted this action against T. W. -Clark, as trustee of the estate of R. B. Clark, deceased, to recover judgment for the sum -of $528.75, with accrued interest. The facts are as follows:
The Clark Lumber Company, a corporation organized under the laws of the 'State of Oklahoma, opened up business at Mena, Arkansas, pursuant to the laws of this State. T. W. Clark and R. B. Clark, his wife, became creditors of the corporation. R. B. Clark obtained a judgment against it for $5,000 and T. W. Clark for $1,500. There…
2Cases cited1 opinion
- Boles v. JessupSupreme Court of Arkansas · 1893
3Cited by9 opinions
- Hardy v. HardySupreme Court of Arkansas · 1950
- Riegler v. RieglerSupreme Court of Arkansas · 1977
- Hunt v. BoyceSupreme Court of Arkansas · 1928
- Hardy v. HardySupreme Court of Arkansas · 1950
- Hinton v. WillardSupreme Court of Arkansas · 1949
4 more not listed; retrieve them via the Exa API.