Bryan-Brown Shoe Co. v. Block
Supreme Court of Arkansas
CROSS APPEALS from Yell Circuit Court in Chancery. G. S. Cunningham, Judge. 1. The appellees should be postponed in the distribution •of the assets to the rights of appellants to the extent of the purchase money due upon the goods identified by them in the Lands of the receiver. Ch. g6, subd. i, Mansf. Dig.; Taylor v. Mississippi Mills, 47 Ark.; 2 Story Eq. Jtir., secs. I2ig, 1220-1; 10 N. W. Rep., goo; 4 Atl.
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CROSS APPEALS from Yell Circuit Court in Chancery. G. S. Cunningham, Judge. 1. The appellees should be postponed in the distribution •of the assets to the rights of appellants to the extent of the purchase money due upon the goods identified by them in the Lands of the receiver. Ch. g6, subd. i, Mansf. Dig.; Taylor v. Mississippi Mills, 47 Ark.; 2 Story Eq. Jtir., secs. I2ig, 1220-1; 10 N. W. Rep., goo; 4 Atl. Rep., igo, note; 23 Wend., 372. 2. The mortgage to Emma Block should be canceled for fraud; the judgment confessed in her favor was a fraudulent ■contrivance. Bish. Fr. Conv., p. 237;…
1Opinion of the Court
Smoote, Sp. J.
C. M. Freed, a merchant at Dardanelle, Yell County, became largely indebted and failed in business ; and on the 25th day of February, 1886, he confessed judgment in favor of a number of his creditors for sums amounting in the aggregate to something over $40,000. Among the creditors preferred by these confessions of judgment were Emma Block, Mack, Stadler & Co., Henry Kleine, and' Henry Kleine, as administrator of the estate of Dora Block, E. Timer, and the First National Bank, of Little Rock, Ark. Executions were immediately issued on these judgments, and levied on the personal…
2Cited by7 opinions
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- Hewitt v. WaltersIdaho Supreme Court · 1911
- In re WilkesDistrict Court, E.D. Arkansas · 1902
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