Legal Opinion

Fluke v. Sharum

Supreme Court of Arkansas

Decided April 26, 1915PublishedCited by 14 opinions

Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. Appellant brought this suit to set aside certain alleged fraudulent conveyances made by Sam Fluke to Abby Rebecca Anderson, whom he later married and to her, his wife.

Read the full summary

Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. Appellant brought this suit to set aside certain alleged fraudulent conveyances made by Sam Fluke to Abby Rebecca Anderson, whom he later married and to her, his wife. Sam Fluke was indebted to Sharum upon a promissory note dated April 1,1902, for $1,400 and interest, who brought suit in the circuit court thereon in December, 1906, and recovered a judgment in July, 1907, for $2,-199.18, a copy of which was exhibited with the complaint herein. It is alleged that on the 29th day of May, 1906, Sam Fluke…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended first that the testimony is not sufficient to show any knowledge upon the part of the grantee Abby Rebecca Anderson of Sam Fluke’s fraudulent intention to defeat the payment of his debts by the conveyance of the land. It is true the conveyance was made eight months before the marriage of Sam Fluke to Rebecca Anderson and that the deed recites a consideration of $300 paid.

The great preponderance of the testimony shows however that that was an entirely inadequate consideration for the lands and from the statements of both Sam Fluke and…

2Cases cited6 opinions

  1. Brady v. IrbySupreme Court of Arkansas · 1912
  2. Miles v. MonroeSupreme Court of Arkansas · 1910
  3. Hogg v. ThurmanSupreme Court of Arkansas · 1909
  4. United States Fidelity & Guaranty Co. v. SmithSupreme Court of Arkansas · 1912
  5. Beebe Stave Co. v. AustinSupreme Court of Arkansas · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Horstmann v. LaFargueSupreme Court of Arkansas · 1919
  2. Renn v. RennSupreme Court of Arkansas · 1944
  3. Ouachita Electric Cooperative Corp. v. Evans-St. ClairCourt of Appeals of Arkansas · 1984
  4. Bank of Hoxie v. GrahamSupreme Court of Arkansas · 1932
  5. Starr v. City National BankSupreme Court of Arkansas · 1923

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API