Turner v. Rogers

Decision Date09 April 1887
Citation4 S.W. 193
PartiesTURNER <I>v.</I> ROGERS.
CourtArkansas Supreme Court

J. W. House and J. M. Moore, for appellant. W. R. Goody, for appellee.


The demurrer to the bill raises the question of the jurisdiction of a court of equity to enforce the collection of a claim probated against the estate of a deceased debtor, and which is still in course of administration, out of lands belonging to the estate. The jurisdiction of courts of equity in probate matters is more restricted in this state than it was under the English rule, before the establishment of our probate system, and it is less liberal than is now exercised by many of the states. See 3 Pom. Eq. § 1154 et seq. With us the probate court has exclusive jurisdiction in the matter of the administration of the estates of decedents, (article 7, § 34, Const. 1874;) and it has been frequently determined by this court that equity has no power to lift the administration out of the probate court for the purpose of proceeding with it. Reinhardt v. Gartrell, 33 Ark. 727; West v. Waddill, Id. 575; Mock v. Pleasants, 34 Ark. 63; Shegogg v. Perkins, Id. 117; Flash v. Gresham, 36 Ark. 529; Hankins v. Layne, 3 S. W. Rep. 821. The equitable jurisdiction over the...

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3 cases
  • Turner v. Rogers
    • United States
    • Supreme Court of Arkansas
    • 9 Abril 1887
  • Mallen v. Ruth Oil Co.
    • United States
    • United States District Courts. 10th Circuit. Eastern District of Oklahoma
    • 19 Abril 1915
    ......263, 56 N.E. 306; Branton v. Branton, 23 Ark. 569; Haag v. Sparks, 27 Ark. 594; Hankins v. Layne, 48. Ark. 545 (3 S.W. 821); Turner v. Rogers, 49 Ark. 51 (4 S.W. 193).'. . . . The. framers of the Constitution, recognizing the disability of. the minor to handle his ......
  • Brice v. Taylor
    • United States
    • Supreme Court of Arkansas
    • 10 Noviembre 1888
    ...... necessary, they must be had in the probate court. 33 Ark. 729; 33 Id., 575; 34 Id., 71; Turner v. Rogers, 49. Ark.; 4 S.W. 196; 39 Ark. 117-19; 32 Id., 297. While an heir,. legatee or creditor may show fraud and uncover assets in an. ......

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