Harper v. Wisner
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The order of sale should not have been granted. No notice was given as prescribed by law. Kirby’s Digest, § 195. Mere informalities do not vitiate so long as they do not mislead. 20 Cyc. 1117. 2. No inventory of the personal estate was ever filed. 64 Kans. 254. 3. No debts had been probated against the estate. It is not necessary, Kirby’s Digest, § 187; 77 Am.
Read the full summary
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The order of sale should not have been granted. No notice was given as prescribed by law. Kirby’s Digest, § 195. Mere informalities do not vitiate so long as they do not mislead. 20 Cyc. 1117. 2. No inventory of the personal estate was ever filed. 64 Kans. 254. 3. No debts had been probated against the estate. It is not necessary, Kirby’s Digest, § 187; 77 Am. Dec. 340. There was a valid lien on the land — it was due. 78 N. E. 71; 40 Cyc. 1710. Appellees must pay this indebtedness. 40 Cyc. 1683. 4. There was sufficient personal…
1Opinion of the CourtHart, J.
Joe A. Harper as administrator with the will annexed of the estate of Nannie W. Harper, deceased, prosecutes this appeal to reverse a judgment of the circuit court setting aside a judgment of the probate court ordering the sale of decedent’s lands to pay debts. The material facts are as follows:
On March 2, 1915, Joe A. Harper was appointed administrator with the will annexed of the estate of Nannie W. Harper, deceased. On April 15, 1915, he filed his application for an order to sell a certain forty acres of land belonging to the estate of Nannie W. Harper, deceased, for the purpose of paying…
2Cases cited4 opinions
- Livingston v. CochranSupreme Court of Arkansas · 1878
- Montgomery v. JohnsonSupreme Court of Arkansas · 1876
- Planters' Mutual Insurance v. HarrisSupreme Court of Arkansas · 1910
- Long v. HoffmanSupreme Court of Arkansas · 1912