Buford v. Briggs
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor ; 1. A payment of a judgment, voluntarily made, cannot be recovered, even though the judgment be afterwards reversed.
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Appeal from Polk Chancery Court; James D. Shaver, Chancellor ; 1. A payment of a judgment, voluntarily made, cannot be recovered, even though the judgment be afterwards reversed. The rule is well stated that when a person without mistake of fact or fraud, duress, coercion or extortion, pays money on a demand which it not enforceable against him, the. payment is deemed voluntary and cannot be recovered. 86 Ark. 175; 72 Ark. 555; 49 Ark. 70; 34 S. W. 173; 105 S. W. 286; 118 Pa. St. 455 J 4 Am. St. Rep. 606; 38 N. W. 847; 62 N. W. 22; 75 N. W. 642; 86 N. W. 30. 2. The decree of July 26, 1909, is…
1Opinion of the CourtMcCulloch, C. J.
Appellant Buford instituted an action in the chancery court of Polk County against J. A. Lewis and his wife, Mary F. Lewis, and also appellee Briggs, to set aside certain conveyances alleged to be fraudulent and to subject the property conveyed to the satisfaction of his (appellant’s) judgment against Lewis. Among the other conveyances involved in the litigation was a deed of Lewis to his wife, conveying his interest in a lot in the city of Mena, the title to which stood in the name of Lewis & Briggs, who were copartners in the meat business.
Among other defenses in that suit,' Briggs alleged…
2Cases cited2 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Larrimer v. MurphySupreme Court of Arkansas · 1904
3Cited by2 opinions
- Hudson v. Union & Mercantile Trust Co.Supreme Court of Arkansas · 1921
- Evans v. DavisSupreme Court of Arkansas · 1921