Fecheimer v. Robertson
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. The three instruments constitute an assignment. 28 N. W. Rep., 380; 66 Wis., 227; 8 Iowa, 103; 52 Iowa, 518; 3 N. W. Rep., 524; 11 S. W. Rep., 962-964. The immediate delivery of possession without inventory and bond was sufficient to annul the deeds. Mansf. Dig., sec. 305; 37 Ark., 64; 24 Fed. Rep., 460; 24 Fed. Rep., 465. • The deeds were void because they provided for a disposition of the property in disregard of law.
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APPEAL from Lee Circuit Court. M. T. Sanders, Judge. The three instruments constitute an assignment. 28 N. W. Rep., 380; 66 Wis., 227; 8 Iowa, 103; 52 Iowa, 518; 3 N. W. Rep., 524; 11 S. W. Rep., 962-964. The immediate delivery of possession without inventory and bond was sufficient to annul the deeds. Mansf. Dig., sec. 305; 37 Ark., 64; 24 Fed. Rep., 460; 24 Fed. Rep., 465. • The deeds were void because they provided for a disposition of the property in disregard of law. Mansf. Dig., sec. 309; 37 Ark., 151; 39 Ark., 66; 47 Ark., 367; 11 S. W. Rep., 962; 107 U. S., 361; 5 McCrary, 53. They…
1Opinion of the CourtSandels, J.
The three instruments executed by Johnson & Bolick are in form mortgages. The first was executed to H. T. Simon, Gregory & Co.; half an hour later the second to Goodbar, White & Co., and on the following day the third to C. R. Ryan & Co. and other mercantile firms, being all the remaining creditors of the grantors. The entire property of the firm was conveyed. The liabilities mentioned in the instruments exceeded the nominal value of the property. The execution of the three was determined upon in advance of the making of either.
The two firms first provided for were represented there by…
2Cases cited4 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Dickson v. L. & S. RawsonOhio Supreme Court · 1855
- In re H. HurstNew York Supreme Court · 1831
3Cited by9 opinions
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
- Wray v. StateSupreme Court of Arkansas · 1924
- Marshall v. Livingston National BankMontana Supreme Court · 1891
- Brown v. WilkesSupreme Court of Arkansas · 1922
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