Legal Opinion

Driggs & Co.'s Bank v. Norwood

Supreme Court of Arkansas

Decided November 15, 1887PublishedCited by 34 opinions

APPEAL from Nevada Circuit Court in Chancery. S. A. BtRnb, Judge. 1. The money, of the wife not having been scheduled,, or entrusted to the husband as agent, or kept separate* became the husband’s. Const. 1868, art. 12, seo. 6; 80 Ark, 79; lb., 124. By permitting the husband, to ¡use- and control her property, as his. own, and obtain credit on the faith of it, the wife lost her right as against her husband’s creditors. 2 Perry Trusts, see. 678; Sohouler on-. Pom.

Read the full summary

APPEAL from Nevada Circuit Court in Chancery. S. A. BtRnb, Judge. 1. The money, of the wife not having been scheduled,, or entrusted to the husband as agent, or kept separate* became the husband’s. Const. 1868, art. 12, seo. 6; 80 Ark, 79; lb., 124. By permitting the husband, to ¡use- and control her property, as his. own, and obtain credit on the faith of it, the wife lost her right as against her husband’s creditors. 2 Perry Trusts, see. 678; Sohouler on-. Pom. Pel., seo. 119 (3d Ed). 2. The husband being involved at the time the lot was deeded to the wife, the conveyance was fraudulent as…

1Opinion of the CourtSmith, J.

The bill alleged that the plaintiffs, Driggs •& Co., had recovered'judgment against Norwood, as a member of the firm of Nelson & Co., for more than $1,200 and had taken out execution thereon, which was returned unsatisfied ; that Norwood had bought a lot in the town •of Prescott, and for the purpose of cheating and hindering his creditors, had caused the deed to be made to his wife. The prayer was for the subjection of the property to the satisfaction of the plaintiffs’ debt.

The defendants filed a-joint answer, in which they denied any fraud in the transaction, and averred that the lot was…

2Cases cited13 opinions

  1. Sexton v. WheatonSupreme Court of the United States · 1823
  2. Graham v. Railroad Co.Supreme Court of the United States · 1880
  3. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
  4. Humes v. ScruggsSupreme Court of the United States · 1877
  5. Rose & Co. v. BrownWest Virginia Supreme Court · 1877

8 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Wilks v. VaughanSupreme Court of Arkansas · 1904
  2. Bennett v. BennettWest Virginia Supreme Court · 1892
  3. Latham v. First National BankSupreme Court of Arkansas · 1909
  4. Renn v. RennSupreme Court of Arkansas · 1944
  5. Davis v. YongeSupreme Court of Arkansas · 1905

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API