Herrin v. Henry
Supreme Court of Arkansas
Appeal from Desha Chancery Court. Marcus L. Hawkins, Chancellor. statement by the court. H. L. and Frame W. Henry were brothers and partners in business, and failed in 1891. They owned as tenants in common the land in controversy. They mortgaged other lands to one Harris, a creditor, and it seems they both thought for a time that the land in controversy was included in that mortgage, but it was not, and the other lands were sold under foreclosure.
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Appeal from Desha Chancery Court. Marcus L. Hawkins, Chancellor. statement by the court. H. L. and Frame W. Henry were brothers and partners in business, and failed in 1891. They owned as tenants in common the land in controversy. They mortgaged other lands to one Harris, a creditor, and it seems they both thought for a time that the land in controversy was included in that mortgage, but it was not, and the other lands were sold under foreclosure. H. D. Henry conveyed his interest in the land in controversy to Frame W. Henry, and in 1894 the latter was in possession of it, and received the…
1Opinion of the Court
Hiel, C. J.,
(after stating the facts.) Mr. Henry was insolvent in 1894, and in possession of the land in controversy, and receiving rent therefor, and allowed the taxes to go delinquent. At the tax sale, acting as agent for his wife, he purchased the land for Mrs. Henry with separate funds of hers, but which she held at all times subject to his uses and wants; in other words, this fund was in a common purse between husband and wife. To enable an insolvent husband to permit his lands to be transferred to his wife through the medium of a tax sale is not less a .fraud upon the rights of his…
2Cases cited4 opinions
- Burns v. ByrneSupreme Court of Iowa · 1876
- Robinson v. LewisMississippi Supreme Court · 1890
- Ward v. NestellMichigan Supreme Court · 1897
- Warner v. BroquetSupreme Court of Kansas · 1895
3Cited by10 opinions
- Williams v. MastersSupreme Court of Arkansas · 1929
- Adams v. SimsSupreme Court of Arkansas · 1928
- Stuart v. PickettMississippi Supreme Court · 1942
- Humphreys v. McKnightSupreme Court of Arkansas · 1941
- Curtis v. PatrickSupreme Court of Arkansas · 1963
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