Bell v. Greenwood
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. Hon. Tiieodoric F. Sorrells, Circuit Judge. Byrd being involved, his property covered with mortgages and about to be sold at sheriff’s sale, he procures Hamilton as his friend, by placing notes and accounts (not money) in bis hands, to buy the property for him, and hold the title, until he could reimburse himself, for the liabilities he had incurred for Byrd — Byrd in the meantime retaining possession of the property.
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Appeal from Jefferson Circuit Court in Chancery. Hon. Tiieodoric F. Sorrells, Circuit Judge. Byrd being involved, his property covered with mortgages and about to be sold at sheriff’s sale, he procures Hamilton as his friend, by placing notes and accounts (not money) in bis hands, to buy the property for him, and hold the title, until he could reimburse himself, for the liabilities he had incurred for Byrd — Byrd in the meantime retaining possession of the property. This, instead of being a fraud, was a great benefit and advantage to the creditors of Byrd. The fact that Hamilton bought the…
1Opinion of the CourtJustice Compton
The bill was brought by Marcus L. Bell, as administrator of Richard C. Byrd, deceased, to enjoin the sale of certain slaves, which, the bill alleges, belong to the estate of his intestate, and which were levied on and taken out of his possession at the suit of the creditors of Henry Hamilton, to satisfy sundry executions issued upon judgments recovered against Hamilton.
The court below denied the relief sought, and the complainant appealed.
It appeal’s from the pleadings and proof in the cause, that on the 8th October, 1849, the slaves were sold by the sheriff at public sale, to satisfy an…
2Cases cited1 opinion
- Sanders v. SandersSupreme Court of Arkansas · 1859
3Cited by5 opinions
- Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.Supreme Court of Arkansas · 1911
- Petty v. StateCourt of Appeals of Arkansas · 1990
- Savage v. ScrogginOregon Supreme Court · 1917
- McMorella v. Buckner State BankSupreme Court of Arkansas · 1935
- Wilkinson v. MasonerSupreme Court of Arkansas · 1940