Gilkerson-Sloss Commission Co. v. Carnes
Supreme Court of Arkansas
Appeal from White Chancery Court. Demby & Wymer, merchants at Judsonia, Arkansas, being embarrassed, sold their stock of goods on June 4, 1889, to two of their creditors, the Gilkerson-Sloss Commission Co. and Hill & Sons, in payment of their respective claims,aggregating $1980.95. After the salewascompleted, certain other creditors of Demby & Wymer sued them, and procured attachments tobe levied upon the stock of goods.
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Appeal from White Chancery Court. Demby & Wymer, merchants at Judsonia, Arkansas, being embarrassed, sold their stock of goods on June 4, 1889, to two of their creditors, the Gilkerson-Sloss Commission Co. and Hill & Sons, in payment of their respective claims,aggregating $1980.95. After the salewascompleted, certain other creditors of Demby & Wymer sued them, and procured attachments tobe levied upon the stock of goods. Thereupon the Gilkerson-Sloss Commission Co. and Hill & Sons brought this suit to restrain the sheriff and the attaching creditors from interfering- with their possession of…
1Opinion of the CourtMansEiEED, J.
L Nocon_ action ie-is" equity,
The facts stated in the original complaint do not entitle the plaintiffs to relief in a court of equity, and so much of the decree appealed from as dismisses that complaint is affirmed. Ford v. Judsonia Mercantile Co. 52 Ark. 426; Walker v. George Taylor Com. Co., ante p. 1.
2. Prefer_ fraudulent.
The material allegations of the cross-complaint are denied, and the proof adduced does not support them, The sale of the merchandise could not be avoided, without showing that Demby & Wymer made it to defraud their creditors, and that the purchasers, Gilkerson-Sloss…
2Cases cited2 opinions
- Christian v. GreenwoodSupreme Court of Arkansas · 1861
- Ford v. Judsonia Mercantile Co.Supreme Court of Arkansas · 1889
3Cited by1 opinion
- Gibson v. Ark. Southern Production Co.Supreme Court of Arkansas · 1959