Newport daily independent., 1903-07-24

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 In the chancery court of Woodruff county Thursday, Judge Thomas B. Martin of Little Rock presiding, an
 nounced his finding upon the answer and cross complaint of Sallie Spott Rankin versus B. B. Bond ct al., dis
 missing the cross complaint for want of equity, but construing the cause as between Sallie Rankin and Octavia Scofield ct al with leave to file amended or new pleadings, issue pro- cesses, file answers and take proof upon accounting as to the purchase money of lands in controversy re- ceived by original plaintiffs in the suit. The cause was continued to the next term of court and the costs thus far assessed against the plaintiffs.
 The attorneys for Mrs. Sallie Rankin claimed to have entered motion for the restitution of the lands alleged to have been illegally sold by the guar dian of their client, but the court overruled same as cross complaint. About seventy thousand dollars, the estimated value of the lands in con- troversy together with accrued rem tals, was involved in the decision upon this point in the case.
 Judge Martin consumed over an hour in rendering his opinion, re- viewing the case from the inception of it's collateral branchesi in the Wood ruff county chancery court in 1881 and the probate court of 1886, and the present case between original parties Mitchell ct al versus Snapp, adminis- trator ct al determined in 1889 by the Woodruff chancery court, subse- quent action of the supreme court on appeal in this case and amended pleadings and new parties, returnable to the present term of court.
 The court found that Mrs. Rankin under the presumption of law and facts as adduced was the child of Spott Gibson and as such the sole heir at law of said Gibson and entitled to his estate, but that she was party by legal guardian to the present suit, answered in full and the court rem dered decree upon her answer and the answer of other defendants, ap- pointed commissioner, ordered a sale of the lands in controversy, which were judicially sold and purchased by L. B. Mcdonald at such sale and his title was protected by law, wherefore the cross complaint of Sallie Rankin was dismissed.
 The collateral heirs against whom Mrs. Rankin under this finding of the court, may now ask judgment for their portion of the purchase money, received $7,025, which was divided | equally among E. s. Mcdonald of Batesville, the only son of deceased sister of Spott Gibson, Mrs. Octavia 1 Scofield of Newport, Mrs. Mary An thony and Mrs. Griffin of Texas. The two last named are not liv- ing and the suit will be directed against their heirs. Parties in fiduciary positions may be held for compound interest, and it is ques- tion as to whether or not if judgment be secured against the collateral heirs, the interest will be computed for the whole time or compounded an nually at the legal rate, six per cent from 1880.
 An appeal was granted to the su- preme court on the ruling to dismiss the Rankin cross complaint.
 The attorneys for the Mcdonald estate were Jno. M. Moore of Little Rock and o. w. Scarborough of New port; for Mrs. Rankin, Gustave Jones of Newport, Andrews & Eldridge of Augusta, H. F. Roleson of Marianna, and Rose, Hemingway x Rose of Lit file Rock