Home Life & Accident Co. v. Schichtl

Judge Smith and I dissent in this case because we believe that, when the evidence is viewed in the light most favorable to appellee, we have the case of an insolvent debtor, or one whose embarrassment resulted in insolvenc3r, making' a- voluntar3r conveyance of a"part of his lands to his wife, which prevented appellant from collecting its debt.

Under our former decisions, such disposition is conclusively fraudulent as against existing creditors; and a mortgagee whose debt is due at the time of the voluntary conve3rance is an existing creditor. In Wilks v. Vaughan, 73 Ark. 175, Chief Justice…