Ferguson v. Little Rock Trust Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B■ Martineau, Chancellor; STATEMENT BY THE COURT. Appellee on August 217, 1908, sued the Ferguson Lumber Company and W. B. Ferguson in the -Pulaski Circuit Court on his note to it, and attached lots 3, 4, 5, 6, 7 and 8, block 4, Marshall & Wolf’s Addition to Little Rock, Arkansas, charged to , have been fraudulently transferred by him to his daughter, Mary Louise Ferguson.
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Appeal from Pulaski Chancery Court; John B■ Martineau, Chancellor; STATEMENT BY THE COURT. Appellee on August 217, 1908, sued the Ferguson Lumber Company and W. B. Ferguson in the -Pulaski Circuit Court on his note to it, and attached lots 3, 4, 5, 6, 7 and 8, block 4, Marshall & Wolf’s Addition to Little Rock, Arkansas, charged to , have been fraudulently transferred by him to his daughter, Mary Louise Ferguson. The case was transferred to equity and consolidated with one ■brought in that court by appellee against W. ,B. Ferguson, Mary E. Ferguson, Mary L. Ferguson, Charles E. Ferguson, as…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended, on the one hand, that the conveyances were simulated and not bona fide, made with- the understanding that W. B. Ferguson was to retain an interest in and control the property as he had done before and to shield it from his creditors, and, upon the other hand, that it was an actual exchange and transfer of property of approximately equal value by the said W. B. Ferguson to his daughter to secure for himself and his family the homestead occupied by them and owned by her.
Fraud is never presumed, but must be proved, which may be done 'by…
2Cases cited4 opinions
- First Nat. Bank v. GlassCourt of Appeals for the Eighth Circuit · 1897
- Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
- Sanger Bros. v. ColbertTexas Supreme Court · 1892
- Finn and Wife v. Krut, Alias LinstromCourt of Appeals of Texas · 1896
3Cited by15 opinions
- Wantulok v. WantulokWyoming Supreme Court · 1950
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Kleinert v. LefkowitzMichigan Supreme Court · 1935
- Chastain v. Arkansas Bank & Trust Co.Supreme Court of Arkansas · 1923
- Rossow v. PetersIllinois Supreme Court · 1917
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