Toney v. McGehee
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court in Chancery. Hon. J. K. Young, Circuit Judge. STATEMENT. In 1877, McGehee, Snowden & Yiolette, merchants and partners, filed in the Ouachita Circuit Court their complaint in equity against James E. Toney, E. M. Green and J. M. Pace, alleging that they had recovered judgments against said Toney in said court in 1875, for about ten thousand dollars ($10,000), upon which executions had been issued, and returned nulla bona. ■ That in 1866,…
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APPEAL from Ouachita Circuit Court in Chancery. Hon. J. K. Young, Circuit Judge. STATEMENT. In 1877, McGehee, Snowden & Yiolette, merchants and partners, filed in the Ouachita Circuit Court their complaint in equity against James E. Toney, E. M. Green and J. M. Pace, alleging that they had recovered judgments against said Toney in said court in 1875, for about ten thousand dollars ($10,000), upon which executions had been issued, and returned nulla bona. ■ That in 1866, Toney and William T. Stone jointly owned valuable town lots in Camden (describing them), and on the twenty-second day of…
1Opinion of the Court
OPINION.
Harrison, J.
The conveyance to Green was, as is clearly shown by the depositions of George and Pickens, voluntary, and made by Toney to defeat the claim of the creditors of C. C. Scott & Co., who were suing him as a silent partner of the firm; but whether they ever recovered judgment against him does not appear, and there was no evidence that he had, in fact, ever been indebted to them.
It does not follow that because his object in making the conveyance was to place the property conveyed beyond their reach, should they recover judgment against him, if he was not.indebted to them, that…
2Cases cited2 opinions
- Pope v. WilsonSupreme Court of Alabama · 1845
- Tripler v. Olcott & LordNew York Court of Chancery · 1818
3Cited by1 opinion
- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893