Treadwell v. Pitts
Supreme Court of Arkansas
Appeal from White Circuit Court. Hance N. Hutton, Judge. The findings of the court as to the alleged circumstances of fraud “dehors the deed” are conclusive. 54 Ark. 235; 53 Ark 327; 53 Ark. 537. On the trial of the interpleader, it is not competent to re-litigate the questions passed on in the previous trial of the attachment suit. 1 Shinn, Att. & G-. 318; 62 Ark. 171; Drake, Att. 411; 44 Ark. 153-165; 38 N. Y. S. 620; 125 N. Y. 261; 55 Fed. 695; 51 Am.
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Appeal from White Circuit Court. Hance N. Hutton, Judge. The findings of the court as to the alleged circumstances of fraud “dehors the deed” are conclusive. 54 Ark. 235; 53 Ark 327; 53 Ark. 537. On the trial of the interpleader, it is not competent to re-litigate the questions passed on in the previous trial of the attachment suit. 1 Shinn, Att. & G-. 318; 62 Ark. 171; Drake, Att. 411; 44 Ark. 153-165; 38 N. Y. S. 620; 125 N. Y. 261; 55 Fed. 695; 51 Am. Dec. 573; 29 Ark. 91; 30 Am. Dec. 155.
1Per curiam
These two cases are heard together; No. 3245 being a suit in attachment by appellants against defendants; and No. 3236 being a tidal of an interpleader, really in the same suit, where Lytle, the assignee named in the deed of assignment, claimed, under said deed, the property taken in the attachment. The attachment was tried first, the court sitting as such to hear and determine the issues in the same.
The grounds of the attachment were two, although stated in one paragraph, to-wit, that the defendants “have sold and conveyed, and otherwise disposed of, their property, with the fraudulent…
2Cited by9 opinions
- McCarroll, Commissioner of Revenues v. FarrarSupreme Court of Arkansas · 1939
- Davis v. PerrymanSupreme Court of Arkansas · 1956
- Hogan v. BrightSupreme Court of Arkansas · 1949
- Biederman v. ParkerSupreme Court of Arkansas · 1912
- Kimble v. Anderson-Tully Co.District Court, E.D. Arkansas · 1955
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