Sears v. Setser
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. On October 8, 1910, A. J. Sears instituted this suit in the chancery court against John H. Setser and Eliza Setser, his wife, and W. H. Austin, to set aside a conveyance by the Setsers of the south half of lot 2 in block 12 in G-ravette, Benton County, Arkansas, as a fraud upon his rights as an existing creditor.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. On October 8, 1910, A. J. Sears instituted this suit in the chancery court against John H. Setser and Eliza Setser, his wife, and W. H. Austin, to set aside a conveyance by the Setsers of the south half of lot 2 in block 12 in G-ravette, Benton County, Arkansas, as a fraud upon his rights as an existing creditor. The facts developed by the plaintiff are as follows: A. J. Sears sold to John H. Setser a stock of goods, and took as part payment therefor Setser’s note for $353 with 8 per cent interest.…
1Opinion of the Court
Hart, J.,
(after stating the facts). If it be conceded that the conveyance of the property in question by John H. Setser and his wife was a fraud against the rights of the plaintiff as an existing creditor, still the plaintiff would not be entitled to recover in this action. In the case of Doster v. Manistee National Bank, 67 Ark. 325, it was held that a judgment was not a lien upon land which the judgment-debtor had previously conveyed to defraud his creditors. The court pointed out that, although such conveyances were often spoken of as void as to creditors, they were in fact only voidable,…
2Cases cited3 opinions
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Ferguson v. Little Rock Trust Co.Supreme Court of Arkansas · 1911
- Ward v. SturdivantSupreme Court of Arkansas · 1906
3Cited by3 opinions
- Merchants & Farmers Bank v. HarrisSupreme Court of Arkansas · 1914
- Leonard v. StateSupreme Court of Arkansas · 1926
- Oliver v. Henry Quellmalz Lumber & Manufacturing Co.Supreme Court of Arkansas · 1926