McConnell v. Hopkins
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; statement by the .court. J. A. McConnell conveyed to his wife, R. S. McConnell, all the real estate he possessed except that which he claimed as his homestead. At the time of the conveyance he'owed individual and partnership debts amounting in the aggregate to nearly one thousand dollars.
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Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; statement by the .court. J. A. McConnell conveyed to his wife, R. S. McConnell, all the real estate he possessed except that which he claimed as his homestead. At the time of the conveyance he'owed individual and partnership debts amounting in the aggregate to nearly one thousand dollars. He had just begun to erect a brick hotel, and he contracted debts in the construction of that to the amount of $3,000. He denuded himself of all his property that could be readied by execution, conveying same to his wife. The deeds were…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The testimony clearly shows that J. A. McConnell, while in debt, and contemplating other debts to be contracted by him, conveyed all of his real estate, subject to execution, to his wife. He, however, remained in possession of the property, and continued to control and manage the same as before the conveyance. After the deeds were made he or she could have had same recorded at any time. But they did not do so until the property was levied upon and was about to be sold for his debt. The property continued on the tax books in his name, and he paid the taxes.…
2Cases cited3 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Hershy v. LathamSupreme Court of Arkansas · 1885
3Cited by14 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Brady v. IrbySupreme Court of Arkansas · 1912
- Papan v. NahaySupreme Court of Arkansas · 1913
- Simon v. Reynolds-Davis Grocery Co.Supreme Court of Arkansas · 1913
- Goodrich v. Bagnell Timber Co.Supreme Court of Arkansas · 1912
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