Robbins v. Fuller
Supreme Court of Arkansas
Appeal from Montgomery Chancery Court; J. P. Henderson, Chancellor; STATEMENT OE EAOTS. C. M. Fuller and others brought this suit in equity against W. 0. Robbins and B. Robbins to set aside the sale by W. 0. Robbins to B. Robbins, of lots 2 and 3, in block 22, in the town of Womble, as in violation of the bulk sales law.
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Appeal from Montgomery Chancery Court; J. P. Henderson, Chancellor; STATEMENT OE EAOTS. C. M. Fuller and others brought this suit in equity against W. 0. Robbins and B. Robbins to set aside the sale by W. 0. Robbins to B. Robbins, of lots 2 and 3, in block 22, in the town of Womble, as in violation of the bulk sales law. Subsequently the complaint was amended só as to allege that the sale of said lots was made with the intent to hinder and defraud the creditors of W. 0. Robbins in the collection of their debts against him. The defendants denied the material allegations of the complaint.…
1Opinion of the CourtHast, J.
(after stating tíre facts). It is first insisted that the conveyance of lot 2 on which the store building was situated was void because it was in violatipn of our bulk sales law. Under it the sale in bulk of any part of, or the whole stock of merchandise and the fixtures pertaining to the conduct of any such business otherwise than in the ordinary course of trade is void against the creditors of the seller, unless the provisions of the act in regard to such sale are complied with. Crawford & Moses’ Digest, section 4870.
It is contended that the storehouse is a fixture under the statute. The…
2Cases cited6 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Corcorren v. SharumSupreme Court of Arkansas · 1920
- Godfrey v. HerringSupreme Court of Arkansas · 1905
- Manwaring v. Farmers' Bank of CommerceSupreme Court of Arkansas · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Thorpe v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Arkansas · 1985
- Ramey-Milburn Co. v. SevickSupreme Court of Arkansas · 1923
- D.C. Goff Co. v. First St. Bk. of DequeenSupreme Court of Arkansas · 1927
- Root Refineries v. Gay Oil CompanySupreme Court of Arkansas · 1926
5 more not listed; retrieve them via the Exa API.