Eddins v. Buck
Supreme Court of Arkansas
Appeal from Prai/rie Circuit Cou/rt, in Chancery. Hon. John J. Clendenin, Circuit Judge. A voluntary conveyance, entirely free from fraud, will be sustained against a subsequent purchaser with notice. Fond. Eg. 213, note g.; Gowp. 431; lb. 708 ; 1 John. Gh. Hep. 2704 Cow. 603. A conveyance directly from the husband to the wile will be supported in equity. Dyer vs, Dean, 15 Arle,. 534; 7 John. Gh. Rep. 62 ; 2 Swanst. 113; 21 Eng. Law Eg.
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Appeal from Prai/rie Circuit Cou/rt, in Chancery. Hon. John J. Clendenin, Circuit Judge. A voluntary conveyance, entirely free from fraud, will be sustained against a subsequent purchaser with notice. Fond. Eg. 213, note g.; Gowp. 431; lb. 708 ; 1 John. Gh. Hep. 2704 Cow. 603. A conveyance directly from the husband to the wile will be supported in equity. Dyer vs, Dean, 15 Arle,. 534; 7 John. Gh. Rep. 62 ; 2 Swanst. 113; 21 Eng. Law Eg. Rep. 559. A contract cannot be made between husband and wife without the intervention of a trustee — the husband cannot convey directly to the wife. 1 Greenl.…
1Opinion of the CourtJustice Compton
The bill charges that, by deed, bearing date, the 12th day of August,1856, which was duly acknowledged and recorded, Joseph A. Eddins, in consideration of natural love and affection, conveyed to his wife, Caroline C. Eddins, a negro slave, named Mary; and that afterwards, one Silas Buck purchased the slave from the husband and took her in possession, with full notice of the previous conveyance to the wife.
The object of the bill — which was brought by Mrs. Eddins, in the name of her next friend, Thomas B. Hooker, against Silas Buck — was to recover the slave and her increase, an infant, born…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Kirkpatrick v. BufordSupreme Court of Arkansas · 1860