Ferguson v. Hanauer
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court in Chancery. On the 18th day of March, 1880, Louis Hanauer sold to H. C. Hampson and D. L. Ferguson, partners by the style of Ferguson & Hampson, a plantation in Mississippi county, called “ Rodena,” for $22,541, of which-$9000 were paid in cash out of partnership funds, a vendor’s lien being reserved for the balance. There was no agreement that the land should be the separate property of the partners.
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Appeal from Mississippi Circuit Court in Chancery. On the 18th day of March, 1880, Louis Hanauer sold to H. C. Hampson and D. L. Ferguson, partners by the style of Ferguson & Hampson, a plantation in Mississippi county, called “ Rodena,” for $22,541, of which-$9000 were paid in cash out of partnership funds, a vendor’s lien being reserved for the balance. There was no agreement that the land should be the separate property of the partners. On January 4,1884, Ferguson & Hampson, being largely indebted to Schoolfield, Hanauer & Co., a firm of which Louis Hanauer was a member, Ferguson executed…
1Opinion of the Court
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X4- +-t-1 O TT T*\n r<4o4arI O (-1 A 4-4-1 <a/-1 o 4- 4-1-1 I c* of the firm and with its funds, and there is no agreement or design that it shall be held for their separate use, it will be treated in equity as vested in them in their firm capacity, whether the title is in all the partners as tenants in common, or in less than all. 1 Bates, Part. sec. 281 .and cases. And if a deed conveying such land be executed by one partner in the firm name in the presence of his co-partners and with their consent, it operates as an effectual conveyance of the land. 1…
2Cases cited8 opinions
- Gibson v. WardenSupreme Court of the United States · 1872
- Sigourney v. MunnSupreme Court of Connecticut · 1828
- Holbrook v. ChamberlinMassachusetts Supreme Judicial Court · 1874
- Peine v. WeberIllinois Supreme Court · 1868
- Wilson v. HunterWisconsin Supreme Court · 1861
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3Cited by2 opinions
- Welch v. McKenzieSupreme Court of Arkansas · 1899
- Lewis v. BufordSupreme Court of Arkansas · 1909