Ward v. Sturdivant
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Tames S. Steel, Judge; STATEMENT BY TI-IE COURT. Eugenia Ward brought an action of ejectment against W. A. J. Sturdivant and certain of his tenants in the Howard Circuit Court to recover an undivided one-half of 160 acres of land in that county.
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Appeal from Howard Circuit Court; Tames S. Steel, Judge; STATEMENT BY TI-IE COURT. Eugenia Ward brought an action of ejectment against W. A. J. Sturdivant and certain of his tenants in the Howard Circuit Court to recover an undivided one-half of 160 acres of land in that county. She alleged that she had in 1895 recovered judgment against one John B. Sturdivant before a justice of the peace, that, the same not being paid, a transcript of this judgment was in 1899 duly filed in the office of the clerk of the circuit court, and docketed as required by law; that an execution on the judgment was…
1Opinion of the CourtRiddick, J.
(after stating the facts.) There are only one or two points that need to be considered on this appeal.
The first question is whether a creditor who has recovered judgment against his debtor and has levied upon and sold land •fraudulently conveyed by the debtor previous to the judgment can recover possession of the land in an action of ejectment based on the deed acquired at the execution sale, without first going into a court of equity to set aside the fraudulent conveyance? We are of the opinion that this question must be answered in the affirmative. It is the language of our statute, and it…
2Cases cited10 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Hershy v. LathamSupreme Court of Arkansas · 1885
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Apperson & Co. v. FordSupreme Court of Arkansas · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Scott v. PottsSupreme Court of Oklahoma · 1916
- Tipp v. United Bank of Durango, Colo.Court of Appeals of Arkansas · 1988
- Sears v. SetserSupreme Court of Arkansas · 1914