Durrett v. Harris
Supreme Court of Arkansas
Appeal from Union Chancery Court; J. M. Barker, Chancellor;' 1. It was not contended below, and we presume it will not be contended here, that the trustee in bankruptcy has not the right to pursue the claim of any creditor or is not “clothed with plenary power to sue to avoid any transfer made by the bankrupt of her property which, any creditor may have avoided, whether made within four months prior to the adjudication of bankruptcy or not.”
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Appeal from Union Chancery Court; J. M. Barker, Chancellor;' 1. It was not contended below, and we presume it will not be contended here, that the trustee in bankruptcy has not the right to pursue the claim of any creditor or is not “clothed with plenary power to sue to avoid any transfer made by the bankrupt of her property which, any creditor may have avoided, whether made within four months prior to the adjudication of bankruptcy or not.” Brandenburg on Bankruptcy (3 ed.), p. 738, sub-div. (e), § 70; 75 Ark. 562; 103 Id. 105; 7 C. J., p. 247, § 387 (b) and notes. 2. Appellees pleaded in…
1Opinion of the CourtMcCulloch, C. J.
D. F. Harris, one of the appel-lees, was for many years prior to the year 1911 engaged in the sawmill business, and became heavily indebted to creditors; the Merchants’ & Farmers’ Bank of Junction City, Arkansas, one of the 'appellants in this action, being one of them. He owed the bank three notes, one for $1,000, one for $1,973 and the other for $2,500. Harris resided in Junction City and owned an undivided half interest in a tract of land in that (Union) comity, containing 424 acres; Ms brother, C. A. Harris, being the owner of the other half interest. The bank instituted an action at law…
2Cases cited1 opinion
- Boyd v. ArnoldSupreme Court of Arkansas · 1912
3Cited by3 opinions
- State v. HefflinSupreme Court of Missouri · 1936
- Smith v. LittonSupreme Court of Virginia · 1936
- McBride v. FarringtonDistrict Court, D. Oregon · 1945