Baldwin v. Williams
Supreme Court of Arkansas
Appeal from Union Chancery Court. STATEMENT BY THE COURT. Action by appellant, Baldwin & Co., Ltd., against appellees, H. G. P. Williams, J. T. Pratt and W. J. Hill, commenced February 21, 1900, to cancel as fraudulent deeds of conveyance executed by appellee Williams to Pratt and Hill, dated November 17, 1892, and January 16, 1893, respectively, and to subject the lands conveyed thereby to satisfaction of a judgment rendered by the circuit court of Union County on March 12,…
Read the full summary
Appeal from Union Chancery Court. STATEMENT BY THE COURT. Action by appellant, Baldwin & Co., Ltd., against appellees, H. G. P. Williams, J. T. Pratt and W. J. Hill, commenced February 21, 1900, to cancel as fraudulent deeds of conveyance executed by appellee Williams to Pratt and Hill, dated November 17, 1892, and January 16, 1893, respectively, and to subject the lands conveyed thereby to satisfaction of a judgment rendered by the circuit court of Union County on March 12, 1893,- in favor of appellant against appellee Williams. The court below decided that the cause of action was barred by…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) It is very clearly established that the conveyances were made by an insolvent debtor without consideration and for the fraudulent purpose of defeating the payment of his debts. The chancellor so found, and the testimony abundantly sustains his finding in that respect.
Was the action to set aside the conveyance barred by the statute of limitations?
Courts of equity, like courts of law, are bound by the statute of limitations, and must give effect to it when pleaded. McGaughey v. Brown, 46 Ark. 25.
The first inquiry presented is whether the statute begins…
2Cases cited4 opinions
- Belt v. RaguetTexas Supreme Court · 1864
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- McGaughey v. BrownSupreme Court of Arkansas · 1885
- Wright v. DavisNebraska Supreme Court · 1890
3Cited by6 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Vernon Hogue and Standard Laundry and Cleaners, Inc., of Benton, Arkansas v. Pellerin Laundry MacHinery Sales Company, Inc.Court of Appeals for the Eighth Circuit · 1965
- James v. MallorySupreme Court of Arkansas · 1905
- Horn v. HornSupreme Court of Arkansas · 1960
- Martin v. GregorySupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.