Legal Opinion

Lewis v. Buford

Supreme Court of Arkansas

Decided November 29, 1909PublishedCited by 3 opinions

Appeal from Polk Chancery Court; James D. Shaver, Chancellor; Until .the surplus was ascertained, the decree should not have been rendered. 36 Ark. 612; 84 Ark. 172; 11 Gray 179; 76 Ala. 501; Story on Part. 90. The equitable lien of a partner for payment of debts, including debts due him for advances, extends to the real estate of the partnership. 85 Mo. 398. Neither party can convey title to a moiety of the goods, so as to defeat the right of the other to have firm debts…

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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; Until .the surplus was ascertained, the decree should not have been rendered. 36 Ark. 612; 84 Ark. 172; 11 Gray 179; 76 Ala. 501; Story on Part. 90. The equitable lien of a partner for payment of debts, including debts due him for advances, extends to the real estate of the partnership. 85 Mo. 398. Neither party can convey title to a moiety of the goods, so as to defeat the right of the other to have firm debts paid out of that fund. 9 Me. 28; 5 Johns. Ch. 417; 85 Tex. 22. The real estate must be considered as partnership property,…

1Opinion of the Court

Hart,'J.

In 1907 J. B. Buford instituted suit in the Little River Chancery Court against appellant J. A. Lewis and one W. A. Carroll, alleging that the}'- were partners, to recover the amount alleged to be due on a promissory note for $1,000. The chancellor found that there was no partnership, and a decree was entered against Carroll alone. Buford appealed, and this court held that the evidence showed that a partnership existed between Carroll and Lewis. The decree was therefore reversed, with directions to also enter a decree against Lewis. The case is reported in 87 Ark. 412 under the style…

2Cases cited3 opinions

  1. Buford v. LewisSupreme Court of Arkansas · 1908
  2. Summers v. HeardSupreme Court of Arkansas · 1899
  3. Ferguson v. HanauerSupreme Court of Arkansas · 1892

3Cited by3 opinions

  1. Cain v. MitchellSupreme Court of Arkansas · 1929
  2. Wilson v. TodhunterSupreme Court of Arkansas · 1918
  3. Wilson v. RodgersSupreme Court of Arkansas · 1971

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