Bogan v. Cleveland
Supreme Court of Arkansas
APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. The conveyance which this suit seeks to avoid was executed in 1884. The Constitution of 1874, Article 9, Section 3, provides that a homestead “shall not be subject to the lien of any judgment, or decree of any court, orto sale under execution * * * * except such as may be rendered for the purchase money, or for specific liens, laborers’ or mechanics’ liens for improving the same, * * * * or against…
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APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. The conveyance which this suit seeks to avoid was executed in 1884. The Constitution of 1874, Article 9, Section 3, provides that a homestead “shall not be subject to the lien of any judgment, or decree of any court, orto sale under execution * * * * except such as may be rendered for the purchase money, or for specific liens, laborers’ or mechanics’ liens for improving the same, * * * * or against executors, administrators, guardians, receivers, attorneys for moneys collected by them and other trustees of an express…
1Per curiam
HOME STEAD: Conveyance of. The appellees, judgment creditors of one Bryant, brought this suit, seeking to cancel for fraud a conveyance of land from him to the appellant. The land constituted the homestead of the debtor when the conveyance was made. It was not subject to the lien of a judgment, or to sale under execution. Creditors could not be injured by the conveyance. The debtor may have executed the conveyance with a bad motive, but it deprived his creditors of no right, and was therefore not fraudulent. Bump's Fraud Con., p. 245; Wait Fraud Con., sec. 71; Cammack v. Lovett, 44 Ark., 180.
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2Cited by13 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Bank of Hoxie v. GrahamSupreme Court of Arkansas · 1932
- Gray v. PattersonSupreme Court of Arkansas · 1898
- McAndrew v. HollingsworthSupreme Court of Arkansas · 1904
- Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906
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