Probst & Hilb v. Welden
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. It will be observed that the words of general conveyance in the deed are restricted by the “ schedule thereafter,” to be filed by the assignee. The assignment was not, therefore, full and fair on its face as it was ruled by the court below, to be, in charges two and three, given for defendants.
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APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. It will be observed that the words of general conveyance in the deed are restricted by the “ schedule thereafter,” to be filed by the assignee. The assignment was not, therefore, full and fair on its face as it was ruled by the court below, to be, in charges two and three, given for defendants. Minns v. Armstrong, 31 Md., 87; Guerin v. Hunt, 6 Minn., 375. As the deed limited the conveyance to such property as the assignee should see fit to inventory, and as the assignors retained a part of the estate, it is clear that such…
1Opinion of the CourtCockrill, C. J.
This appeal is prosecuted to reverse a judgment dissolving an attachment. Both parties were mercantile firms. Probst & Hilb brought the suit against the appellees upon an account due them for merchandise, and sued out an order of attachment upon the ground that they had disposed of their property for the purpose of defrauding their creditors. Subsequently the affidavit for attachment was amended, and the appellees were then charged with having shipped a part of their property out of the state, not leaving enough therein to satisfy their debts. No defense was made to the main action, and…
2Cases cited4 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Enders v. RichardsSupreme Court of Missouri · 1863
- Craft v. BloomMississippi Supreme Court · 1881
- Waverly National Bank v. HalseyNew York Supreme Court · 1870
3Cited by5 opinions
- Avera v. RiceSupreme Court of Arkansas · 1897
- Williams v. CrockerSupreme Court of Florida · 1895
- Clark Shoe Co. v. EdwardsSupreme Court of Arkansas · 1893
- Ball-Warren Commission Co. v. WillsSupreme Court of Arkansas · 1898
- Lazarus v. Camden National BankSupreme Court of Arkansas · 1897