Cornish v. Dews
Supreme Court of Arkansas
Appeal from the Circuit Court of Union county in Chancery. The Court should have sustained the motion to strike out thatpart of the testimony objected to, as it was irrelevant, for no proof can be admitted of any matter not noticed in the pleadings. DanielPs Gh. Pr.. 814, 815, 992. As fraud is never presumed, the facts and circumstances constituting the fraud must be stated with distinctness and precision. Conway vs. Ellison, 14 Ark. 363; Alden vs. Lincoln, 13 Mete.
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Appeal from the Circuit Court of Union county in Chancery. The Court should have sustained the motion to strike out thatpart of the testimony objected to, as it was irrelevant, for no proof can be admitted of any matter not noticed in the pleadings. DanielPs Gh. Pr.. 814, 815, 992. As fraud is never presumed, the facts and circumstances constituting the fraud must be stated with distinctness and precision. Conway vs. Ellison, 14 Ark. 363; Alden vs. Lincoln, 13 Mete. Rep. 204, That a debtor may prefer one creditor, or set of creditors to another. Twyne's Case, 3 Coke 80; Eastwick vs. Carlland,…
1Opinion of the CourtChief Justice English
This was a bill for injunction, filed in the Union Circuit Court, on the 12th of April, 1852, by John L. Cornish against Hezekiah Dews and Rowland B. Smith, as administrators oí Hiram Smith, deceased.
The bill alleges that on the 30th of Sept., 1850, John H. Cornish of Union county, being in failing circumstances, executed to complainant, as trustee, a deed of trust on the property therein described, for the purpose of securing the debts therein mentioned, which deed was duly acknowledged and recorded, on the day of its execution, in the Recorder’s office of said county, where the complainant…
2Cases cited1 opinion
- Pettit v. JohnsonSupreme Court of Arkansas · 1854
3Cited by6 opinions
- Emerson v. SenterSupreme Court of the United States · 1886
- Ewell v. TidwellSupreme Court of Arkansas · 1859
- Blilings v. ParsonsUtah Supreme Court · 1898
- Buck v. BransfordSupreme Court of Arkansas · 1893
- Mandel v. PeaySupreme Court of Arkansas · 1859
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