Bagley v. Weaver
Supreme Court of Arkansas
Appeal from Little River Circuit Court. Wirr P. Eeazer, Judge. Action by E. O. Bagley, as administrator of the estate of Paul Bagley, deceased, against Sarah Weaver and two others. The facts are stated by the court as follows: statement BY THE COURT.
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Appeal from Little River Circuit Court. Wirr P. Eeazer, Judge. Action by E. O. Bagley, as administrator of the estate of Paul Bagley, deceased, against Sarah Weaver and two others. The facts are stated by the court as follows: statement BY THE COURT. The complaint states that Paul Bagley, in his lifetime, bought from appellee Sarah F. Weaver the west half of the northeast quarter and the east half of the northwest quarter of section 30 in township 13 south, range 28 west, in Little River county, Arkansas, and paid therefor $165 in cash, and received a warranty-deed therefor, dated 26th…
1Opinion of the Court
Hughes J.
(after stating the facts.) If an}' cause of action was stated in the complaint, the demtlrrer should have been overruled. A demurrer to the whole complaint, if either paragraph slates a cause of action, should be overruled. Cairo & F. Rd. Co. v. Parks, 32 Ark. 131; Warner v. Capps, 37 Ark. 34.
This was a complaint for the marshaling of assets. The appellant stated that he bought and paid cash for land, and that another party had a mortgage on the same land and various other property, which he alleged was sufficient to pay the amount for which it was mortgaged, and prayed that this…
2Cases cited5 opinions
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Terry v. RosellSupreme Court of Arkansas · 1877
- Marr v. LewisSupreme Court of Arkansas · 1876
- Howell v. DukeSupreme Court of Arkansas · 1882
- Bourland v. WittichSupreme Court of Arkansas · 1881
3Cited by2 opinions
- Bank of Bentonville v. Swift & Co.Supreme Court of Arkansas · 1961
- In Re FrazierUnited States Bankruptcy Court, W.D. Arkansas · 1991