Russell v. Haltom
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Charres W. Smith, Judge. Action by-. J. C. Russell as trustee of the estate of L. E. Bteathwit, a.bankrupt, against Haltom & Lester to recover possession of personal property. : ' Verdict and judgment below for defendants, and plaintiff appealed. . Appellant should have been permitted to show that the bill of sale was intended as security for a debt past due. 54 Ark. 32. An unusual degree of secrecy observed between the parties in making…
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Appeal from Ouachita Circuit Court. Charres W. Smith, Judge. Action by-. J. C. Russell as trustee of the estate of L. E. Bteathwit, a.bankrupt, against Haltom & Lester to recover possession of personal property. : ' Verdict and judgment below for defendants, and plaintiff appealed. . Appellant should have been permitted to show that the bill of sale was intended as security for a debt past due. 54 Ark. 32. An unusual degree of secrecy observed between the parties in making the sale is a badge of fraud. Wait, Fr. Conv. § 234.. The want of delivery and possession in the sale of chattels is…
1Opinion of the CourtMcCuuuoch, J.
Appellant, as trustee of the estate of Mrs. H. E. Breathwit, who had been adjudged a bankrupt, commenced this suit to recover of the defendants, Haltom & Hester, thirty-two mules, two wagons, thirty sets of harness, and two saddles. The defendants answered, claiming to be owners of the property by purchase and delivery from Mrs. Breathwit before the adjudication of bankruptcy, and exhibited a written bill of sale from her, purporting to convey the property to them absolutely in consideration of the sum of $2497,21 paid in cash.
It is undisputed that, at the time of the execution of the bill of…
2Cases cited3 opinions
- White v. McCrackenSupreme Court of Arkansas · 1895
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Lynch v. DaggettSupreme Court of Arkansas · 1896
3Cited by1 opinion
- Vance v. BellSupreme Court of Arkansas · 1922