James v. Mallory
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court. Edward D. Robertson, Chancellor. • STATEMENT BY THE COURT. Appellees, Mallory, Crawford & Co., commenced this suit in equity on February 4, 1901, against Stephen James, Joseph N. James, and J. L. King, to cancel a conveyance by, said Stephen James, alleged to be fraudulent, of certain lands, and to subject the same to the payment of appellees’ claim.
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Appeal from Crittenden Chancery Court. Edward D. Robertson, Chancellor. • STATEMENT BY THE COURT. Appellees, Mallory, Crawford & Co., commenced this suit in equity on February 4, 1901, against Stephen James, Joseph N. James, and J. L. King, to cancel a conveyance by, said Stephen James, alleged to be fraudulent, of certain lands, and to subject the same to the payment of appellees’ claim. Stephen James died while the suit was pending below, and the cause was revived in the name of the administrator. On January 16, 1893, Stephen James was.indebted to appellees in the sum of $18,801.22, and…
1Opinion of the Court
McCurroch, J.,
(after stating the facts.) The testimony as to the financial condition of Stephen James at the time he executed the deed in question is conflicting, but we think by a fair preponderance his insolvency is established. It is shown that, in addition to the debt to appellees, he was indebted in a large amount to another firm of merchants in Memphis, Tenn., who were unable to collect anything from him, and whose debt remains unpaid. There is some evidence tending to establish the fact that he caused the conveyance to be executed to his children without any actual fraudulent intent,…
2Cases cited4 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Steele v. RobertsonSupreme Court of Arkansas · 1905
- Baldwin v. WilliamsSupreme Court of Arkansas · 1905
- Ex parte YoungSupreme Court of Arkansas · 1905
3Cited by7 opinions
- Brady v. IrbySupreme Court of Arkansas · 1912
- Papan v. NahaySupreme Court of Arkansas · 1913
- Home Life & Accident Co. v. SchichtlSupreme Court of Arkansas · 1926
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- Martin v. GregorySupreme Court of Arkansas · 1908
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