Roberts v. Bodman-Pettit Lumber Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; B. D. Robertson, Chancellor; 1. Not only does a purchaser from an insolvent debtor in discharge of an antecedent debt, stand in a more favored position than a purchaser for a present consideration, but the fraudulent intent of the grantor with reference to other creditors will not affect the title of the purchaser, unless he participated in the fraud. 20 Cyc. 472; 49 Ark. 22; 60 Ark. 433; 6r Ark. 455; 81 N. W. 63. An insolvent husband,…
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Appeal from Mississippi Chancery Court; B. D. Robertson, Chancellor; 1. Not only does a purchaser from an insolvent debtor in discharge of an antecedent debt, stand in a more favored position than a purchaser for a present consideration, but the fraudulent intent of the grantor with reference to other creditors will not affect the title of the purchaser, unless he participated in the fraud. 20 Cyc. 472; 49 Ark. 22; 60 Ark. 433; 6r Ark. 455; 81 N. W. 63. An insolvent husband, when justly indebted to his wife, may, without'fraud, prefer her claim to that of others. 88 S. W. 879. 2. Where the…
1Opinion of the CourtMcCurroch, J.
Appellee, Bodman-Pettit Lumber Company, as judgment creditor of one S. Roberts, instituted this suit in equity against appellant, Julia Roberts, who is the wife of said S. Roberts, to cancel and set aside a conveyance of certain lands in Mississippi County executed to appellant by her husband, and to have the said lands subjected to the payment of the judgment. The chancellor granted the relief prayed for, so far as the land involved in this appeal is concerned, and the defendant, Mrs. Roberts, appealed to this court.
S. Roberts and G. G. Roberts, husband and son respectively of the defendant,…
2Cases cited3 opinions
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Davis v. YongeSupreme Court of Arkansas · 1905
- Waters v. Merit Pants Co.Supreme Court of Arkansas · 1905
3Cited by10 opinions
- Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
- Latham v. First National BankSupreme Court of Arkansas · 1909
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Bergin v. BlackwoodSupreme Court of Minnesota · 1919
- Bunch v. Empire Cotton Oil Co.Supreme Court of Arkansas · 1923
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