Legal Opinion

Vahlberg v. Birnbaum

Supreme Court of Arkansas

Decided June 19, 1897Published

Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. This is an action instituted originally in the court of common pleas of Garland county, by appellees against appellants, on an account, and at the beginning of the suit an attachment was issued against the property of appellants, on the alleged grounds that they had sold and conveyed, and were about to sell and convey, their property, with the fraudulent intent to cheat, hinder, and delay…

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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. This is an action instituted originally in the court of common pleas of Garland county, by appellees against appellants, on an account, and at the beginning of the suit an attachment was issued against the property of appellants, on the alleged grounds that they had sold and conveyed, and were about to sell and convey, their property, with the fraudulent intent to cheat, hinder, and delay their creditors. Appellants controverted the attachment by proper affidavit. The case went from the court of common…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The acts upon which appellees based their contention, as shown by the record, may be summarized as follows: (1) The withdrawing by W. J. Bledsoe, one of the firm, from the assets of the co-partnership, before the assignment, moneys with which to pay his father the debt he owed him for borrowed money, and the claim of T. J. Bledsoe in the assignment of the horses, wagon, and harness as exempt. (2) The preference in the assignment of the $800 to Fink & Nasse, which were secured by mortgage on the individual property of W. F. Yahlberg, a former member of the…

2Cases cited2 opinions

  1. King v. Hargadine-McKittrick Dry Goods Co.Supreme Court of Arkansas · 1894
  2. Baker v. BaerSupreme Court of Arkansas · 1894

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