Burke v. New England Natlional Bank
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. M. C. Burke was not insolvent at the time of the alleged trasfer and there is no evidence of fraud, actual or constructive. 2. All the property transferred to the Union Realty Company, as well as other property held to he fraudulently conveyed was bought with the funds of Burke Bros. 3. Lot 3, block 45 Fitzgerald’s Addition did not belong to M. C. Burke.
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Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. M. C. Burke was not insolvent at the time of the alleged trasfer and there is no evidence of fraud, actual or constructive. 2. All the property transferred to the Union Realty Company, as well as other property held to he fraudulently conveyed was bought with the funds of Burke Bros. 3. Lot 3, block 45 Fitzgerald’s Addition did not belong to M. C. Burke. But he was solvent at the time of the conveyance. It was bought with funds of Burke Bros, and really belonged to J. A. Burke. Burke Bros, were indebted…
1Opinion of the CourtHumphreys, J.
Appellees, judgment creditors of M. C. Burke, filed suit in the chancery court in the Ft. Smith district of Sebastian County, against appellants, to cancel as voluntary and fraudulent various conveyances of real estate and many assignments and pledges of stocks made by M. C. Burke to his co-appellants.
All the appellants answered denying that the conveyances of real estate and assignments and pledges of stocks were voluntary and fraudulent., The causes were consolidated and heard upon the pleadings, oral and record evidence, and a decree rendered canceling as voluntary and fraudulent the…
2Cases cited4 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- McConnell v. HopkinsSupreme Court of Arkansas · 1908
- Simon v. Reynolds-Davis Grocery Co.Supreme Court of Arkansas · 1913
3Cited by3 opinions
- Gavin v. ScottSupreme Court of Arkansas · 1926
- Kahre v. McCourtneySupreme Court of Arkansas · 1942
- Home Life & Accident Co. v. SchichtlSupreme Court of Arkansas · 1926