Bell v. Wilson
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. 1. The Allen decree did not avoid the deed to J. W. Moore, ab initio, but merely subjected the land to the payment of Allen’s debt. Wilson was not a party, but a stranger to this. -decree, and can claim nothing under it.
Read the full summary
APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. 1. The Allen decree did not avoid the deed to J. W. Moore, ab initio, but merely subjected the land to the payment of Allen’s debt. Wilson was not a party, but a stranger to this. -decree, and can claim nothing under it. The deed was void only as to those creditors who took the proper steps to enforce their rights. 38 Ark., 28; 47 id., 3og; 2 Paige, 367; Vol. 2, _N. Y. Chy., Coop, ed., notes to Corning v. White. 2. Plaintiff is barred by limitation. Mansf. Dig., sec. 4471. 3. Whether the purpose of Mrs. Moore was honest or…
1Opinion of the CourtCockrill, C. J.
The plaintiff in an action of ejectment .against Bell relied upon a Sheriff’s deed executed in 1881, in pursuance of a judgment rendered in 1879 against a Mrs. Moore who was the common owner of title of both parties.
Eleven years prior to the rendition of the judgment, the judgment defendant had conveyed the lands described in the Sheriff’s deed to her grandson, J. W. Moore.
In a suit brought by one Allen, a creditor of Mrs. Moore, the St. Francis Chancery Court declared the conveyance by Mrs. Moore to her grandson a fraud upon Allen’s rights as a creditor, set the deed aside and ordered that…
2Cited by12 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- McCarroll, Commissioner of Revenues v. FarrarSupreme Court of Arkansas · 1939
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
- Johnson v. JohnsonSupreme Court of Arkansas · 1912
7 more not listed; retrieve them via the Exa API.