The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1907-10-31
COURT COMPLETES LABORS
Adjourned Session of Chancery
Held Here.
Several Important Cases Decided by Chan
cellor ]. G. Wallace Monday and
Tuesday.

An adjourned session OF the fall
term of choncery court, Chancellor
!. c.. Wallace rendered several inn
portant decisions and completed the
work of the court for the term IN
this city Monday and Tuesday.
Livingston VS.. Irby.
One of the most interesting cases
ever before this chancery court was
disposed of in a written opinion de-
livered by Judge Wallace Monday.
This was the case of Mollie Liv-
ingston ct al VS.. Eri Livingston
Irby ct al. The plaintiffs in this
case, who were grandchildren and
heirs at law of Eri Livingston, de
ceased, sought to set aside certain
deeds made by him to Eri Llvlngs-
ton Irby and Vernon Edward Liv
ingston, the first being namesake
and of no kin, and the second an
adopted son of Erl Livingston, the
plaintiffs alleging that the deceased
was of unsound mind and was un
duly influenced by his wife at the
time the deeds were executed. Fri
Livingston died Nov. !, 1899, at
the age OF over 70 years. His chill
dren were then all dead, and nine
years before, his first wife, the
mother of all his children, had
did, leaving him only four grand
children as heirs at law of his prop
erty. Shortly after the death of
his first wife, he was married to
Elnora Brong, then girl about IS
years of age, who before consentlng
to the marriage had obtained the
promise that she would be provided
with a good home at his death.
According to the court, the evil
dencc shows that IN spite of the
disparity of their ages, the couple
lived happily together but that the
union alienated the affections of his
grandchildren and kinspeople, as
we'll as the esteem OF the church IN
which he had been minister. A
son was born to the wife of A
Irby, a sister of Mr.. Livingston 5
second wife, and the child was
named Fri Livingston Irby. The
old gentleman, appreclatlng the
compliment, subsequently decided
40 acres of land to this child. Yer
non Edward Livingston was the
son of poor widow who was unable
to support the boy and gave him
to Mr.. Livingston upon his prom
Use that the boy would be given a
home, an education and, provided
he remained with his fost, father
until he was OF age, tract OF land.
The two children were the defend
ants in the case, and it was to set
aside the deeds conveying 40 acres
of land to each of them that the
suit was brought
The court reviewed the testlmo-
ny at length and rendered decls-
ion declaring the deeds to the de-
PENDANTS valid and dismiSSlng the
case.
Martin, Trustee VS.. Martin, Admrx.
Another interesting case was that
of w. w. Martin, trustee VS.. LuC1e
T. Martin, administrators The de-
fendant in this case is the widow
of J. Z. Martin, who died possessed
of stock of goods and mercantile
business in this city. After his
death a mortgage was discovered IN
his safe conveying the stock to
his brother, w. w. Martin, as trus-
tee. The widow, however, claim
ed a dover interest i'll the property.
The stock was sold at trustees sale,
under order of the court and the
proceeds deposited III the registry
of the court. The defendant con-
tested the validity of the mortgage,
and the decree by consent was that
she should have $500 dover out OF
the proceeds of the sale, the re-
mainder to be paid to creditors OF
the estate.
The following cases were dispos-
ed Of
Mollie Livingston ct al VS.. Fri
Livingston Irby ct at. Dismissed
at plaintiff S cost for want of equity.
w. H. Duncan VS.. VIM. Smith.
Judgment for plaintiff for debt and
damages, less $40 credit. Lands
ordered sold if not paid within 20
days.
D. A. and Keifer Hill, eXparte.
Deed acknowledged.
w. w. Martin, trustee VS.. Lucie
7. Martin, admrX. Decree by con-
sent allowing widow $500 dover
out of funds now in the hands OF
court, balance of proceeds of sale OF
stock ordered paid to creditors.
L u -.