Legal Opinion · Dissent

Harcrow v. Gardiner

Supreme Court of Arkansas

Decided March 24, 1900Published

Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. Action in equity upon the following note, and to enforce a vendor’s lien upon the lands therein described.

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Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. Action in equity upon the following note, and to enforce a vendor’s lien upon the lands therein described. “$9,000.00. Lanabk, ARK., July 19, 1893. “One day after date I promise to pay to the order of J. C. Har-crow the sum of nine thousand dollars for property,.to-wit, two lots on 13th and Battery, in the city of Little Rock, one lot on 6th and Wolf streets, ten acres adjoining Valentine’s addition, 80 acres known as the Hough place,’ 60 acres known as ‘W. H. Wheeler place,’ 40 acres known as the…

1DissentBattle, J.

The facts in this case, as I understand them, are as follows: Sometime in 1880 or 1881, J. C. Har-crow was engaged in a mercantile business at Monticello, in this state, and his younger brother, Elbert Harcrow, was his clerk. Becoming much involved in debt, in fact insolvent, he conveyed all his property to his brother Elbert in order to defraud his creditors, who recovered many judgments against him on the indebtedness he was owing at the time of the fraudulent transfer, which have never been paid. Elbert continued the business ostensibly in his own name and on his own account at Montieello…

2Cases cited29 opinions

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Armstrong v. TolerSupreme Court of the United States · 1826
  3. Coppell v. HallSupreme Court of the United States · 1869
  4. Embrey v. JemisonSupreme Court of the United States · 1889
  5. Nellis v. ClarkNew York Supreme Court · 1838

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