Legal Opinion

Hinkle v. Broadwater

Supreme Court of Arkansas

Decided January 7, 1905PublishedCited by 20 opinions

Appeal from Independence Circuit Court in Chancery. Frederick D. Fuekerson, Judge. statement by the court. Under the act of April 19, 1895, John A. Hinkle, as administrator of Thomas J. Broadwater, deceased, filed a bill in the Independence Chancery Court against John T. Broadwater, asking the court to set aside a certain conveyance made by defendant’s father, Thomas J. Broadwater, to defendant on the 6th day of October, 1882. The plaintiff alleges that Thomas J.…

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Appeal from Independence Circuit Court in Chancery. Frederick D. Fuekerson, Judge. statement by the court. Under the act of April 19, 1895, John A. Hinkle, as administrator of Thomas J. Broadwater, deceased, filed a bill in the Independence Chancery Court against John T. Broadwater, asking the court to set aside a certain conveyance made by defendant’s father, Thomas J. Broadwater, to defendant on the 6th day of October, 1882. The plaintiff alleges that Thomas J. Broad-water, father of the defendant, being embarrassed by a certain debt owing to one Dr. John Estes amounting to $118, conveyed…

1Opinion of the Court

Wood, J.,

(after stating the facts.) It could serve no useful purpose to go into a discussion of the facts. The question as to whether or not the deed was fraudulent is a question of fact. We have carefully considered the record on this point, and we conclude that the finding of the chancellor is correct. At least, we are convinced that it is not clearly against the preponderance of evidence. Gaty v. Holcomb, 44 Ark. 216; Brown. v. Wyandotte & S. E. Ry. Co., 68 Ark. 134; Mooney v. Tyler, 68 Ark. 314.

The land conveyed was the homestead. It could not have been reached by creditors, had there…

2Cases cited3 opinions

  1. Brown v. Wyandotte & Southeastern Railway Co.Supreme Court of Arkansas · 1900
  2. Mooney v. TylerSupreme Court of Arkansas · 1900
  3. Gaty v. HolcombSupreme Court of Arkansas · 1884

3Cited by20 opinions

  1. Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
  2. Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
  3. Muhammed v. Arkansas Supreme Court Committee on Professional ConductSupreme Court of Arkansas · 1987
  4. Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
  5. England v. ScottSupreme Court of Arkansas · 1942

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