Loyd v. Bennett
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. The evidence is insufficient to sustain the verdict. The proof shows that the money in bank belonged to her.
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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. The evidence is insufficient to sustain the verdict. The proof shows that the money in bank belonged to her. No fraud was alleged or proved. 2. No judgment was ever recovered against W. R. Loyd. 1. Where a wife permits her husband to use her funds as a basis of credit, she is not permitted to claim it as against her husband’s creditors. 107 Ark. 458; 86 Id. 486'; 84 Id. 355. 2. There was no contest over the debt. Loyd did not appeal from the judgment of the justice. The only contest was over the funds in bank.
1Opinion of the CourtKirby, J.
Appellee ¡brought suit in the justice court against W. It. Loyd and appellant, Elga Loyd, for $200 claimed to be due as the balance of the purchase price of certain hotel fixtures sold to W. R. Loyd, and caused a garnishment to be issued against the First National Bank. The bank ¡answered, stating it held in its possession a certain amount of money, about $600 due Elga Loyd, but no money or property belonging to W. R. Loyd. s
Flga Loyd filed an intervention, claiming the money in the bank as her separate property, and upon the trial a verdict was rendered in her favor, from which Bennett…
2Cases cited2 opinions
- Haycock v. TarverSupreme Court of Arkansas · 1913
- Wyatt v. ScottSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Ralls v. RallsCourt of Appeals of Texas · 1923