Huffstedler v. Kibler
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. The land was the homestead of the appellant’s ancestor at the time of his death. 41 Ark. 309; 55 Ark. 55; 56 Ark. 621. The sale by the administrator was void, because: First. The probate court had no jurisdiction to order the s lie of the homestead to pay debts. 47 Ark. 454; Fr. Void Jud. Sales, 35; Thompson, Horn. & Ex. 546. The administrator was not even a proper party. 35 Ark. 24. Second.
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Appeal from Randolph Circuit Court. The land was the homestead of the appellant’s ancestor at the time of his death. 41 Ark. 309; 55 Ark. 55; 56 Ark. 621. The sale by the administrator was void, because: First. The probate court had no jurisdiction to order the s lie of the homestead to pay debts. 47 Ark. 454; Fr. Void Jud. Sales, 35; Thompson, Horn. & Ex. 546. The administrator was not even a proper party. 35 Ark. 24. Second. Even if such sale would be made to pay certain privileged debts, it would not be made to pay others not so privileged, but which are mingled with the privileged ones.…
1Opinion of the Court
Bunn, C. J,
This is a suit, originally in ejectment, by Laura K. Huffstedler and Donald B. Alcorn, children and heirs at law of Hamlet F. Alcorn, deceased, to recover the lands mentioned from appellees, Nancy M. Kibler and her husband, M. H. Kibler, and Columbus Mcllroy; and subsequently in the progress of the cause, at the instance of defendants, it was transferred to the equity docket, and the chancellor dismissed the bill for want of equity; and plaintiffs appealed.
Hamlet F. Alcorn died in 1873, seized of an estate in fee in the southeast fractional quarter of section 31, township 20 north,…
2Cases cited2 opinions
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Gilbert v. NeelySupreme Court of Arkansas · 1879
3Cited by1 opinion
- Miller v. DavisSupreme Court of Arkansas · 1900