Graham v. Thompson
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court in Chancery. Matthew T. Sanders, Judge. The contest in this case was between execution creditors and a grantee of Mrs. Jennie C. Hickey. A plantation had been conveyed to Mrs. Hickey by her father, N. F. Cheairs, the deed reciting the payment of the purchase money.
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APPEAL from St. Francis Circuit Court in Chancery. Matthew T. Sanders, Judge. The contest in this case was between execution creditors and a grantee of Mrs. Jennie C. Hickey. A plantation had been conveyed to Mrs. Hickey by her father, N. F. Cheairs, the deed reciting the payment of the purchase money. Relying upon the representations of Cheairs that he had given Mrs. Hickey the land, the appellees, Thompson & Hatcher, who were merchants, extended credit to Mrs. Hickey in her farming operations. She executed certain notes to them in settlement of her account. Subsequently she re-conveyed the…
1Opinion of the CourtHemingway, J.
If the conveyance from Mrs. Hickey toCheairs was without consideration, it was fraudulent as to her prior creditors and void. It is therefore necessary for Graham, whose rights in this case depend upon that deed, to show that it was executed for a valuable consideration ; and if he fails therein, his right to relief likewise fails. The evidence shows that it was executed in satisfaction of a debt from Mrs. Hickey to Cheairs for the purchase of the land, and that there was no other consideration therefor. The appellees contend, arid the court held, that Cheairs and those claiming under him…
2Cases cited6 opinions
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Dodge v. PopeIndiana Supreme Court · 1883
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Holland v. AndersonSupreme Court of Missouri · 1866
- Kiefer v. RogersSupreme Court of Minnesota · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bettman v. HarnessWest Virginia Supreme Court · 1896
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Hunt v. DavisSupreme Court of Arkansas · 1911
- Stevens v. ReillySupreme Court of Oklahoma · 1916
19 more not listed; retrieve them via the Exa API.