Powell v. Missouri & Arkansas Land & Mining Co.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; In order to impress a fund in the hands of an assignee, receiver or administrator with a trust for the payment of a claim' alleged to be superior to the claims of general creditors, the identical money must be traced. 4 Cyc. 269, 270; 73 Ark. 324. Out of the original deposit, the balance transferred to the administrator could at most include no more than the sum of $539.82, deceased’s balance on July 1. 182…
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Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; In order to impress a fund in the hands of an assignee, receiver or administrator with a trust for the payment of a claim' alleged to be superior to the claims of general creditors, the identical money must be traced. 4 Cyc. 269, 270; 73 Ark. 324. Out of the original deposit, the balance transferred to the administrator could at most include no more than the sum of $539.82, deceased’s balance on July 1. 182 111. 351; 59 Kan. 156; 85 Md. 495; 36 L. R. A. 767; 105 N.'Y. 256. Equity will follow the fund and declare a lien thereon…
1Opinion of the CourtMcCulloch, C. J.
Appellant’s intestate, as attorney for appellee, collected for the latter warrants issued by the Greenwood District of Sebastian County, which were payable to bearer and aggregated the sum of one thousand dollars, and on February 2, 1909, he deposited the same as a credit on his personal account in a bank at Hartford, Arkansas. The bank subsequently collected the amount of the warrants from the county treasurer. Appellant’s intestate died on July 14, 1909, without having paid over to his client, the appellee, any of said sum so collected and without having reported the collection thereof. He…
2Cases cited1 opinion
- Oswego Milling Co. v. SkillernSupreme Court of Arkansas · 1904
3Cited by8 opinions
- Mehler's AppealSupreme Court of Pennsylvania · 1932
- Covey v. CannonSupreme Court of Arkansas · 1912
- Heidelbach v. CampbellWashington Supreme Court · 1917
- Chambers, Admr. v. Williams, Admr.Supreme Court of Arkansas · 1939
- Chase & Baker Co. v. OlmstedWashington Supreme Court · 1916
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