Galloway v. Le Croy

• Decision Date: 16 November 1925
• Docket Number: (No. 226.)
• Citation: 169 Ark. 838,277 S.W. 35
• Parties: GALLOWAY v. LE CROY, Chancellor.
• Court: Arkansas Supreme Court

Page 35

277 S.W. 35

169 Ark. 838

GALLOWAY v. LE CROY, Chancellor.

(No. 226.)

Supreme Court of Arkansas.

November 16, 1925.

Rehearing Denied December 14, 1925.

Petition by J. O. Galloway, trustee, for a writ of prohibition restraining Geo. M. Le Croy, as Chancellor of the Second Division of the Seventh Chancery Circuit, from proceeding further in a cause pending in the Union chancery court for the removal of petitioner as trustee of a certain estate. Petition denied.

C. L. Bass, of Fort Worth, Tex., and Powell, Smead & Knox, of El Dorado, for appellant.

Haynie, Parks & Westfall, of Camden, for appellee.

McCULLOCH, C. J.

The petitioner, J. O. Galloway, seeks to obtain from this court a writ of prohibition restraining respondent, as chancellor of the Second division of the Seventh chancery circuit, from proceeding further in a cause pending in the Union chancery court for the removal of petitioner as trustee of a certain estate and the appointment of a receiver to manage and control the estate. The jurisdiction of the chancery court is challenged in the petition, and the chancellor has responded; the substance of the record being agreed upon.

It appears from the record that, prior to August 23, 1923, petitioner was the trustee of a certain estate embracing oil interests in Union county, Ark., the business of the estate being conducted under the name of the J. O. Galloway Oil Interest, and there were numerous units of interest represented by certificates issued to purchasers. The nature of the trust is not set forth in detail in the record, and it is left merely to inference as to what the provisions were. On the date mentioned above, J. E. Straughan, representing himself and all other unit holders in the trust estate, filed a complaint in the chancery court of Union county alleging that J. O. Galloway, as trustee, was incapacitated from further management of the trust, and asking that he be removed and receivers be appointed to manage and control the estate and wind it up for the benefit of the unit holders. The chancellor appointed two receivers, A. Meek and J. D. Reynolds, and they qualified, gave bond, and assumed control of the estate. Shortly thereafter, the plaintiff or petitioner in that proceeding, J. E. Straughan, amended his complaint by setting forth the fact that Galloway was a nonresident of the state, and filed an affidavit for warning order, which was duly issued and published, and upon proof of publication the court reaffirmed or...