Hare v. Hall
Supreme Court of Arkansas
APPEAL from Jefferson circuit court in chancery. Hon. X. J. Pindall, Circuit Judge. In equity fraud may be presumed from facts and circumstances. Myrickv. Jacks, 33 Ark., 430. It clearly appears that John M. Hall was merely a trustee for John B. Hall, and the attempt to pass title to Allen & Co. was fraudulent and void. The judgment by confession before the clerk was not void.
Read the full summary
APPEAL from Jefferson circuit court in chancery. Hon. X. J. Pindall, Circuit Judge. In equity fraud may be presumed from facts and circumstances. Myrickv. Jacks, 33 Ark., 430. It clearly appears that John M. Hall was merely a trustee for John B. Hall, and the attempt to pass title to Allen & Co. was fraudulent and void. The judgment by confession before the clerk was not void. Oh. 133, see. 140, Gould’s Dig., were not repealed by sections--of the Code. 29 Arle. 110-1 ; 7 Ark., 397. But if void, Allen & Co, are entitled to be treated as the assignee of Carlton’s bid, and entitled to his…
1Opinion of the CourtEakin, J.
This is a bill by a purchaser of a plantation under execution sale, against parties claiming by other purchases under other judgments against the same defendant; in which suit there is also an interplea by one claiming a portion of the lands as a purchaser under an execution and ¡ven. ex. from the federal circuit court; also against the same defendant. Questions arising under the homestead law are also involved. It is impossible to obtain any tolerably clear conception of the equities and legal rights of the parties without a succinct statement of the acts and proceedings in chronological…
2Cited by4 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- McDonald v. BeattyNorth Dakota Supreme Court · 1901
- Fox v. NelsonNorth Dakota Supreme Court · 1915
- Roose v. GoveSupreme Court of Colorado · 1904