Browne v. Carnley
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; The presumption is that a voluntary alienation of property hy an embarrassed debtor is fraudulent as against existing creditors.
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Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; The presumption is that a voluntary alienation of property hy an embarrassed debtor is fraudulent as against existing creditors. And when such alienation is by an embarrassed debtor to his wife during the pendency of a suit against him and immediately before the suit is to be tried, the transaction is not only a badge of fraud, but almost positive proof of it. 50 Ark. 42; 20 Cyc. 444; Id. 451. "Where the wife permits her husband to use her money for years as his own and to invest it in real estate in his own name, will not be…
1Opinion of the CourtMcCulloch, C. J.
In July, 1909, Gr. B. Browne obtained a judgment for recovery of the. sum of $1,901, in the circuit court of Cleveland County, against H. M. L. Carnley, husband of appellee, M. J. E. Carnley, said judgment being rendered on a bond executed by H. M. L. Carnley, and others, to appellant in an action instituted by the latter in the circuit court of Bradley County on January 30, 1905, against W. H. Harry for unlawful detainer of certain lands. The venue of that case was changed to Cleveland County, and the case was tried there, resulting, as before stated, in a judgment in appellant’s favor.…
2Cases cited7 opinions
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Davis v. YongeSupreme Court of Arkansas · 1905
- George Taylor Commission Co. v. BellSupreme Court of Arkansas · 1896
- Roberts v. Bodman-Pettit Lumber Co.Supreme Court of Arkansas · 1907
- Goodrich v. Bagnell Timber Co.Supreme Court of Arkansas · 1912
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