Tharp v. Paige
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. The burden was upon appellee to show that the contract was made in good faith. 46 Ark. 550; 19 Am. St. 322; 42 Am. Rep. 661; 69 Am. St. 941; 72 Am. St. 838; 75 Am. St. 664. Transactions between husband and wife are open to suspicion. 6 Am. St. 667; Bump. Fr.
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Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. The burden was upon appellee to show that the contract was made in good faith. 46 Ark. 550; 19 Am. St. 322; 42 Am. Rep. 661; 69 Am. St. 941; 72 Am. St. 838; 75 Am. St. 664. Transactions between husband and wife are open to suspicion. 6 Am. St. 667; Bump. Fr. Con. 57-59; 67 Ark. 110. See also upon the facts of this case, 64 Ark. 377. The court erred in refusing the appellant’s fourth and fifth prayers for instructions. 50 Ark. 46; 62 Ark. 32; 25 Am. St. Rep. 806; 63 lb. 368; 94 H. S. 22. The gift to his wife by an insolvent debtor was…
1Opinion of the CourtBattle, J.
“Certain creditors of W. L. Page &„Co. recovered judgments against them, and sued out executions, which the sheriff, to whom they were directed, levied upon a stock of groceries in Hope, in this state, as the property of W. L. Page. His .wife, Emma E. Page, claimed the goods; and P.. A. Tharp, W. Á. Ehodes and Carl & Tobey Company executed five several bonds to the sheriff, by which they undertook to indemnify him ‘against all damages which he may sustain in consequence of the seizure or sale of the groceries under execution; also to pay any claimant of the said goods the damages he may…
2Cases cited5 opinions
- Sanders v. MooreSupreme Court of Arkansas · 1889
- Crane v. CraneSupreme Court of Arkansas · 1888
- Graves v. PinchbackSupreme Court of Arkansas · 1886
- Duncan v. HopkinsSupreme Court of Arkansas · 1850
- Tharp v. PageSupreme Court of Arkansas · 1899
3Cited by1 opinion
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1915