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36 Ark. 529

Flash, Lewis & Co. v. Gresham

Supreme Court of Arkansas

Decided November 15, 1880

Supreme Court of Arkansas · decided 1880-11-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1880-11-15

How this case has been cited

Cited by 5 later decisions — most recently February 1955

5 state decisions

2018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Eakin, J.

¶1This 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.

¶2The 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 possession of any estate to prevent it from being injured, wasted, or purloined. Gantt’s Digest, secs. 216, 217.

¶3The cases would be very rare, where, upon refusal of the sheriff, creditors could not, of themselves, procure a responsible resident to administer. If so, and the parties decline taking steps to compel the sheriff' to do his prescribed statutory duties, a court of chancery can not aid them. With regard to all personal property there can be no proceedings in any court to collect and distribute effects of any intestate, without a legal representative.

¶4The demurrer was property sustained.

¶5Affirm the decree.

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