Wallace v. Davis
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. This was a trust fund and the claim of the county was entitled to a preference. Plaintiff having settled with the county was subrogated to its rights as a preferred creditor. 41 Ark. Law Rep. 351; 97 Ark. 374; 116 Id. 410, 472; 114 Id. 344 ; 55 Pac. 858; 59 Id. 929; 80 Miss. 755; 8 A. & M. E. Ann.
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Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. This was a trust fund and the claim of the county was entitled to a preference. Plaintiff having settled with the county was subrogated to its rights as a preferred creditor. 41 Ark. Law Rep. 351; 97 Ark. 374; 116 Id. 410, 472; 114 Id. 344 ; 55 Pac. 858; 59 Id. 929; 80 Miss. 755; 8 A. & M. E. Ann. Cas. 114; Kirby’s Digest, § § 1990, 1, 2, 3. The funds were deposited for “¡safe keeping” and-was a special deposit or trust fund. Cases supra. 16. L. R. A. 918; 95 Pac. 771; 9 Ám. St. 481; 55 Pac. 858. The deposit was made in…
1Opinion of the CourtHart, J.
Appellant instituted this action in the chancery court against appellee. The complaint alleges substantially the following facts:
The plaintiff, J. R. Wallace was duly elected sheriff and ex-officio collector of Cleburne County, Arkansas. During his term of office he collected taxes to the amount of $1,387.65 and deposited the same in the bank of Higden, an incorporated bank with its place of business in Cleburne County. The officials of the bank at the time they received the deposit knew^ that the moneys .were public funds arising from the collection of taxes and that they were deposited by…
2Cases cited2 opinions
- Warren v. NixSupreme Court of Arkansas · 1911
- Talley v. StateSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Blalock v. StateSupreme Court of Georgia · 1928
- Rainwater v. DavisSupreme Court of Arkansas · 1927
- Johnson v. WallaceSupreme Court of Arkansas · 1916
- School District of Marion v. TaylorSupreme Court of Arkansas · 1929