Legal Opinion

Gilkerson-Sloss Commission Co. v. Carnes

Supreme Court of Arkansas

Decided June 25, 1892PublishedCited by 1 opinion

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

  1. Christian v. GreenwoodSupreme Court of Arkansas · 1861
  2. Ford v. Judsonia Mercantile Co.Supreme Court of Arkansas · 1889

3Cited by1 opinion

  1. Gibson v. Ark. Southern Production Co.Supreme Court of Arkansas · 1959

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