Harman v. May
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court in chancery. Hon. W. D. Jacoway, Circuit Judge. Tbe conveyance to Mrs. Witbey, was a mortgage to secure a debt on her husband. Appellee by proper proceeding might have enforced the collection of his judgment out of that claim, but he failed to do so, and upon payment by Harman of the debt, a conveyance by Mrs. W. was necessary, from the fact that the deed was absolute on its face. If any fraud was perpetrated it was not by appellant.
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APPEAL from Johnson Circuit Court in chancery. Hon. W. D. Jacoway, Circuit Judge. Tbe conveyance to Mrs. Witbey, was a mortgage to secure a debt on her husband. Appellee by proper proceeding might have enforced the collection of his judgment out of that claim, but he failed to do so, and upon payment by Harman of the debt, a conveyance by Mrs. W. was necessary, from the fact that the deed was absolute on its face. If any fraud was perpetrated it was not by appellant. But treating the conveyance as a deed, does the lien of the levy reach out beyond the judgment lien and affect property in the…
1Opinion of the Court
Smith J.—
May filed his bill in Chancery, alleging that he was a judgment creditor of II. R. "Withers and had caused an execution to be levied on the 12th of February, 1879, upon certain lots in the town of Coal Hill, as Ms property: that on the 25th of January, 1879, while said, judgment was in full force and alien upon all of the real estate irt Johnson County, in which the said debtor had any interest, Harman had conveyed the lots to the wife of Withers for a consideration which moved from the husband ; that this conveyance was intended to defraud the ‘creditors of Withers, who was…
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