Hershy v. Latham
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The court erred in instructing the'jury that the burden of proof was upon appellant to prove the alleged fraud.
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APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The court erred in instructing the'jury that the burden of proof was upon appellant to prove the alleged fraud. The rule is, that transactions between husband and wife, and particularly conveyances from one that is embarrassed to the other, are to be carefully scanned, and that when fraud is charged, the burden is upon the party seeking to uphold such a conveyance to show that it has been honestly made, and upon sufficient consideration. 9£ TJ. 8., 580; 53 Wis., £13; 6 Wis., 338; 17 ib., 550; 15 ib., 195; 31 ib., 82; 21…
1Opinion of the CourtSmith, J.
This case, when it was here before, went off upon a question of pleading. See 42 Ark., 305. It was now tried upon the first and fourth pleas set out in the previous report. The substance of those pleas was, that the defendant was owner of the demanded premises by virtue of a marshal’s deed made pursuant to a sale under execution against the plaintiff’s husband; and that the plaintiff’s deed, which was subsequent to the rendition of the judgment under which the defendant purchased, was void as against creditors, the purchase money having been furnished by her husband, who was then insolvent.
It…
2Cases cited4 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Harvey v. AlexanderSupreme Court of Virginia · 1822
- Farwell v. JohnstonMichigan Supreme Court · 1876
- Caldwell v. BowerSupreme Court of Missouri · 1853
3Cited by19 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Davis v. YongeSupreme Court of Arkansas · 1905
- Papan v. NahaySupreme Court of Arkansas · 1913
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
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