Legal Opinion · Dissent
Buchanan v. Williams
Supreme Court of Arkansas
Decided June 13, 1913Published
Appeal from Garland Chancery Court; Alonzo Curl, Special Chancellor;
1DissentHart, J.
The principles of law in regard to fraud in voluntary conveyances is well stated by Mr. Justice Riddick, in the case of May v. State National Bank, 59 Ark., at page 624:
“While it is now settled by the repeated decisions of this court that actual fraud must be shown to avoid a voluntary conveyance in favor of a subsequent creditor, yet by this is meant only that, as to the subsequent creditor, an intention to defraud must be proved, while, as to the existing creditor under the same circumstances, it may be presumed, even though the transaction be entirely honest. ’ ’
The court further said that…
2Cases cited3 opinions
- Ferguson v. Little Rock Trust Co.Supreme Court of Arkansas · 1911
- Martin v. BanksSupreme Court of Arkansas · 1909
- Pullen v. SimpsonSupreme Court of Arkansas · 1905