Flash, Lewis & Co. v. Gresham
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. lion. H. B. Stuart, .Circuit Judge. reporter’s statement. The plaintiffs filed in the Clark circuit court their complaint against the defendant, alleging that Frank B. Gresham had recently died in that county indebted to them in the |um of one hundred and thirty-two dollars, and leaving an estate consisting of a stock of drugs of the value of $1,100. That since his death the defendant had taken possession of the goods and…
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APPEAL from Clark Circuit Court in Chancery. lion. H. B. Stuart, .Circuit Judge. reporter’s statement. The plaintiffs filed in the Clark circuit court their complaint against the defendant, alleging that Frank B. Gresham had recently died in that county indebted to them in the |um of one hundred and thirty-two dollars, and leaving an estate consisting of a stock of drugs of the value of $1,100. That since his death the defendant had taken possession of the goods and appropriated them to his own use and refused to pay their debt; that no one could be procured to administer upon the deceased’s…
1Opinion of the CourtEakin, J.
This is an effort by creditors, without any proper representative of a deceased person, to have aD administration of his effects in chancery. It charges that effects of the deceased person came into the hands of the defendant; that complainants are non-residents of the state and can not administer; and that the sheriff refuses.
The chancery court, under our constitution,-can not assume this jurisdiction. The original jurisdiction of the probate court is exclusive. The sheriff, by virtue of his office, is public administrator, and on application to the probate court may be compelled to take…
2Cited by5 opinions
- Mathieu v. RobertsNew Mexico Supreme Court · 1926
- Steele v. KelleySupreme Court of Oklahoma · 1912
- Phillips v. PhillipsSupreme Court of Arkansas · 1920
- Gaylor v. GaylorSupreme Court of Arkansas · 1955
- Casperson v. DunnNew Jersey Court of Chancery · 1886