Wilks v. Vaughan
Supreme Court of Arkansas
Appeal from Madison Chancery Court. John N. Tirrman, Judge. STATEMENT BY THE COURT. W. J. Sanders, a brother-in-law of appellee G. W. Vaughan and son-in-law of appellee A. Sanders, was engaged in running a grist mill, blacksmith shop and mercantile business in Madison County about 1895 or 1896. He secured his father-in-law and brother-in-law and appellant Wilks to become his sureties upon a note.
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Appeal from Madison Chancery Court. John N. Tirrman, Judge. STATEMENT BY THE COURT. W. J. Sanders, a brother-in-law of appellee G. W. Vaughan and son-in-law of appellee A. Sanders, was engaged in running a grist mill, blacksmith shop and mercantile business in Madison County about 1895 or 1896. He secured his father-in-law and brother-in-law and appellant Wilks to become his sureties upon a note. He suffered a heavy loss by fire, and, being unable to meet his indebtedness, turned over to his sureties his property. They took up his note with their own, and ran the grist mill under the style of…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) 1. The facts fairly established that Vaughan, Sanders and Wilks were jointly in control of the property turned over to them by W. J. Sanders, that Wilks joined in and approved of the conveyances disposing of it, and that in the management of the mill Wilks was an active participant. The positive testimony of Vaughan and A. Sanders that every dollar received from the W. J. Sanders property and business went to pay the W. J. Sanders debt, and not a cent to themselves, together with the showing they made of the accounts between the parties, was sufficient…
2Cases cited12 opinions
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Carmack v. LovettSupreme Court of Arkansas · 1884
- Hershy v. LathamSupreme Court of Arkansas · 1885
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Campbell v. JonesSupreme Court of Arkansas · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Brady v. IrbySupreme Court of Arkansas · 1912
- Harris v. SmithSupreme Court of Arkansas · 1918
- Papan v. NahaySupreme Court of Arkansas · 1913
41 more not listed; retrieve them via the Exa API.