Legal Opinion

Scott v. McCraw, Perkins & Webber Co.

Supreme Court of Arkansas

Decided April 9, 1917PublishedCited by 4 opinions

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The law does not authorize the charging of appellant’s separate estate because of .the influence and control of her husband. 95 U. S. 3; 97 Id. 304; 120 Id. 78; 154 Id. 631; 97 Kans. 279; 92 N. W. 923. 2. The mortgagor justly owed her more than the amount of these deposits. 108 N. Y. Sup. 54. Appellees never had any lien on or claim against her property and lost nothing. 35 Ala. 483; 82 Id. 503; 17 B. Mon.

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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The law does not authorize the charging of appellant’s separate estate because of .the influence and control of her husband. 95 U. S. 3; 97 Id. 304; 120 Id. 78; 154 Id. 631; 97 Kans. 279; 92 N. W. 923. 2. The mortgagor justly owed her more than the amount of these deposits. 108 N. Y. Sup. 54. Appellees never had any lien on or claim against her property and lost nothing. 35 Ala. 483; 82 Id. 503; 17 B. Mon. (Ky.) 268; 93 Ya. 341. 3. Appellant was not a party to any fraud. 20 Cyc. 465. 4. None of this property, nor its…

1Opinion of the CourtSmith, J.

Dr. S. A. Scott was, for several years, a customer of appellees, who are commission merchants in the city of Memphis, and, during that time, he bor-r rowed a large amount of money from this firm, which was repaid in part by the shipment of cotton. A dispute ■ which arose over the balance due led to the litigation which is reported in 119 Ark. 133.

Doctor Scott had control of his wife’s property, and sold a number of lots belonging to her, and invested portions of the proceeds of these sales in other property, the title to which was taken in his own name. He made other uses of other portions of…

2Cases cited1 opinion

  1. Scott v. McCraw, Perkins & Webber Co.Supreme Court of Arkansas · 1915

3Cited by4 opinions

  1. Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
  2. Roth v. DaleSupreme Court of Arkansas · 1944
  3. Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
  4. Hale v. HaysSupreme Court of Arkansas · 1972

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