Lazarus v. Camden National Bank
Supreme Court of Arkansas
Appeal from Ouacbita Circuit Court. Charles W. Smith, Judge. Exemptions may be selected after assignment (4 Lawson, Right & Rem., § 96; Burrill, Assignments, § 96; 59 Miss. 80; 15 Mo. App. 544; 85 Mo. 23; 100 Pa.
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Appeal from Ouacbita Circuit Court. Charles W. Smith, Judge. Exemptions may be selected after assignment (4 Lawson, Right & Rem., § 96; Burrill, Assignments, § 96; 59 Miss. 80; 15 Mo. App. 544; 85 Mo. 23; 100 Pa. St. 580; 36 Pac. 195; 12 Mich. 180; 19 So. 344; 24 S. E. 103; 64 N. W. 78), even in eases where the assignment purports to carry all of assignor's property, and there is no reservation of exemptions mentioned, 60 Ark. 1; 57 Ark. 333. The withdrawal of funds by each of the appellants, before the assignment, was not fraudulent, because said amounts were charged against their exemptions…
1Opinion of the CourtBattle, J.
On the 27th day of December, 1894, Lazarus & Levy, a firm composed of John Lazarus and Joe Levy, for the benefit of its creditors, conveyed to W. F. Avera, as assignee, all of their partnership property; and in the same instrument each member of the firm conveyed all of his individual property, except the property reserved in the assignment. The deed was in the following form .-
“ Know all men by these presents, that we, Lazarus & Levy, a firm composed of John Lazarus and, Joe Levy, being indebted to sundry parties, a list of whom, as nearly as correct as we can make,- with tbe amounts due…
2Cases cited4 opinions
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878
- Richardson v. MarquezeMississippi Supreme Court · 1881
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
- Probst & Hilb v. WeldenSupreme Court of Arkansas · 1885