Pullen v. Simpson
Supreme Court of Arkansas
Appeal from Clay Chancery Court. 1. John S. Simpson, previous to the sale under execution issued on the Peters Shoe Company stay bond, was the owner of at least an equitable interest in the property in suit. ■ 2. The interest of said Simpson was subject to sale on said execution. 3. Even though the legal title in the land was in the name of the wife, the husband could not expend his money in improving it, to the detriment of creditors. 66 Ark. 419; 17 Ark. 105. 4. The title…
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Appeal from Clay Chancery Court. 1. John S. Simpson, previous to the sale under execution issued on the Peters Shoe Company stay bond, was the owner of at least an equitable interest in the property in suit. ■ 2. The interest of said Simpson was subject to sale on said execution. 3. Even though the legal title in the land was in the name of the wife, the husband could not expend his money in improving it, to the detriment of creditors. 66 Ark. 419; 17 Ark. 105. 4. The title of said Simpson passed to Downman under the sheriff’s deed at the execution sale. Kirby’s Dig. § 3228; 42 Ark. 309. The…
1Opinion of the CourtHipe, C. J.
This is the second appearance in this court of this litigation. Simpson v. Biffle and Simpson v. Downman were jointly disposed of December 12, 1896, in this court, and are reported in 63 Ark. at page 289. The facts are therein fully set out.- On the remand of the cases, Downman dismissed them without prejudice, and on June 4, 1896, Pullen, this appellant, who had succeeded to the Downman title, brought this suit against Simpson and his wife. The substance of it was that Simpson had fraudulently put his money into the purchase and improvements of the lots in controversy, thereby withdrawing it…
2Cases cited8 opinions
- Simpson v. BiffleSupreme Court of Arkansas · 1896
- Berry v. MeirSupreme Court of Arkansas · 1902
- Robson v. HoughSupreme Court of Arkansas · 1892
- Gray v. PattersonSupreme Court of Arkansas · 1898
- Wilmoth v. GossettSupreme Court of Arkansas · 1903
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3Cited by5 opinions
- Starr v. City National BankSupreme Court of Arkansas · 1923
- Barnhart v. GormanSupreme Court of Arkansas · 1917
- Spurlock v. SpurlockSupreme Court of Arkansas · 1906
- Reaves v. CoffmanSupreme Court of Arkansas · 1908
- Buchanan v. WilliamsSupreme Court of Arkansas · 1913