Galbreath, Stewart & Co. v. Cook
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in chancery. Marriage was a good consideration for the deed. 2d Bl. Com., 297; (Co. Lit., 9 v.) Or will support and make valid an executed deed, which was voluntary or fraudulent. 1 John. Ch. Rep., 271-72; 1 Sid., 133; 1 East., 95, and cases cited; 1 Co. Lit., 9 v., sv/pra; 12 John. Rep., 536 ; 2 Kent's Com., 11th ed., p. 169, no. 2; Frazer y. Thompson, 1 Giff., p. 49; Campion v. Cotton, 17 Vesey, p. 263. Fraud is never presumed.
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APPEAL from Lincoln Circuit Court in chancery. Marriage was a good consideration for the deed. 2d Bl. Com., 297; (Co. Lit., 9 v.) Or will support and make valid an executed deed, which was voluntary or fraudulent. 1 John. Ch. Rep., 271-72; 1 Sid., 133; 1 East., 95, and cases cited; 1 Co. Lit., 9 v., sv/pra; 12 John. Rep., 536 ; 2 Kent's Com., 11th ed., p. 169, no. 2; Frazer y. Thompson, 1 Giff., p. 49; Campion v. Cotton, 17 Vesey, p. 263. Fraud is never presumed. Conway ex parte, 4 Ark., 302; Hempstead v. Johnson, 18 Ark., 124. There must be privity to the fraudulent design in grantee. Last…
1Opinion of the Court
Walker, J.:
The appellants filed their bill in equity, in the Lincoln county Circuit Court, to have set aside, and declared void, a deed executed by Cook, to Martha Buford, with whom he afterwards intermarried, which plaintiffs allege to have been executed by Cook in fraud of the rights of his creditors.
They allege that the lands conveyed comprise the whole of Cook’s estate subject to sale by execution; that he was largely indebted, and insolvent; that among other debts was one for $2,000 due to plaintiffs, and, upon which, before the deed had been executed, suit had been brought; that their…
2Cases cited2 opinions
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- Maigley v. HauerNew York Supreme Court · 1811
3Cited by11 opinions
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Papan v. NahaySupreme Court of Arkansas · 1913
- United States v. JohnstonDistrict Court, W.D. Arkansas · 1965
- Scoggin v. SchloathOregon Supreme Court · 1887
- Wright v. AaronSupreme Court of Arkansas · 1948
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