Scott v. Penn
Supreme Court of Arkansas
Appeal from Little River Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is an appeal from a decree in chancery setting aside the allowance by the probate court of Little River county of a olaim for $1,200 in favor of the appellant, Thomas M. Scott, against the estate of his deceased brother, Robert N. Scott.
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Appeal from Little River Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is an appeal from a decree in chancery setting aside the allowance by the probate court of Little River county of a olaim for $1,200 in favor of the appellant, Thomas M. Scott, against the estate of his deceased brother, Robert N. Scott. The claim had been duly sworn to, and was allowed by W. D. Miller, the administrator of the estate of Robert N. Scott, before it was presented to and allowed by the probate court. Thomas N. Scott died in 1891, leaving a will, by which most of his estate was…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Appellant contends that the appellees had a remedy at law by appeal from the judgment of the probate court allowing the claim of Robert M. Scott. The administrator, Miller, might have appealed, and was urged to do so, but he would not. The appellees here could not appeal, because they were not parties to the record. Austin v. Crawford County, 30 Ark. 578; Arnett v. McCain, 47 Ark. 411.
Even if appellees had a remedy at law, chancery had concurrent jurisdiction, and fraud is always the subject of chancery jurisdiction. Our own court has decided that a…
2Cases cited5 opinions
- West v. WaddillSupreme Court of Arkansas · 1878
- Reinhardt v. GartrellSupreme Court of Arkansas · 1878
- Long v. StrausIndiana Supreme Court · 1890
- Arnett v. McCainSupreme Court of Arkansas · 1886
- Austin v. Crawford CountySupreme Court of Arkansas · 1875
3Cited by20 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Parker v. SimsSupreme Court of Arkansas · 1932
- James v. GibsonSupreme Court of Arkansas · 1904
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
- Davis v. RheaSupreme Court of Arkansas · 1909
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