Hernton v. Short
Supreme Court of Arkansas
Appeal from Lafayette Chancery .Court; James M. Barker, Chancellor; Tire conveyances were not made with intent to defraud creditors. They were not without consideration. No fraud was shown. There is no equity in the hill. No credit was extended on the strength of Hernton’s interest in the lands and .all parties knew of the wife’s possession and claim. Appellee is not a creditor within the rule.
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Appeal from Lafayette Chancery .Court; James M. Barker, Chancellor; Tire conveyances were not made with intent to defraud creditors. They were not without consideration. No fraud was shown. There is no equity in the hill. No credit was extended on the strength of Hernton’s interest in the lands and .all parties knew of the wife’s possession and claim. Appellee is not a creditor within the rule. He was a purchaser at a judicial sale and had notice of the conveyances. 20 Cyc. 433, 435, 460, 528, 530; 34 Ark. 291. 1. The conveyances were voluntary and fraudulent as to creditors. 108 Ark. 164; 76…
1Opinion of the CourtSmith, J.
There appears in the record -a stipulation of the parties from which the following facts are copied:
“It is agreed by the parties, plaintiff and defendant, * * * That on Miay 2, 1908, Pete Hernton ¡became indebted to one J. O. Smith in the sum of $940 for the purchase money of certain land, and on said day executed four notes evidencing said indebtedness and bearing 10 per cent, interest per annum from date until paid, and in a few days thereafter, in due course of trade, for a valuable consideration, and before maturity, said J. O. Smith sold .and transferred s'aid notes to the Merchants &…
2Cases cited4 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Papan v. NahaySupreme Court of Arkansas · 1913
- Allen v. KaneWashington Supreme Court · 1914
- Simon v. Reynolds-Davis Grocery Co.Supreme Court of Arkansas · 1913
3Cited by2 opinions
- United States v. Vertac Chemical Corp.District Court, E.D. Arkansas · 1987
- Newsom v. ReedSupreme Court of Arkansas · 1928