McClellan v. Pyeatt
Court of Appeals for the Eighth Circuit
Appeal from the United States Court in the Indian Territory. This was a suit by Henry C. Pyeatt and James C. Kirby against William P. McClellan and Rachel McClellan to subject certain property to the payment of a judgment against the' defendants. The circuit court made a decree in favor of the complainants. Defendants appeal.
Read the full summary
Appeal from the United States Court in the Indian Territory. This was a suit by Henry C. Pyeatt and James C. Kirby against William P. McClellan and Rachel McClellan to subject certain property to the payment of a judgment against the' defendants. The circuit court made a decree in favor of the complainants. Defendants appeal. In this case Rachel McClellan and William P. McClellan, her husband, appeal from a decree rendered by the United States court in the Indian Territory that subjected the improvements which the appellant Rachel claimed to own, and which were situated upon two farms upon…
1Opinion of the CourtSanborn, Circuit Judge
Has the act of congress of May 2, 1890, which put in force in the Indian Territory the statute of frauds, a retrospective effect? This is the crucial question in this case. On November 18, 1889, when the conveyance in question from McClellan to his wife was made, there was no statute relative to fraudulent conveyances corresponding to 13 Eliz. c. 5, in force in the Indian Territory. By the act of May 2, 1890 (26 Stat. 94, c. 182, § 31, 1 Supp. Rev. St. 733), congress provided “that certain general laws of the state of Arkansas * * * are hereby extended over and put in force in the Indian…
2Cases cited9 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Sohn v. WatersonSupreme Court of the United States · 1873
- Harvey v. TylerSupreme Court of the United States · 1865
- May v. Le ClaireSupreme Court of the United States · 1871
- Murray v. GibsonSupreme Court of the United States · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Wilson v. OwensCourt of Appeals for the Eighth Circuit · 1898
- Tonkoff v. Roche Fruit & Produce Co.Washington Supreme Court · 1926
- Wilson v. OwensCourt Of Appeals Of Indian Territory · 1897
4 more not listed; retrieve them via the Exa API.