Rudy v. Austin
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. STATEMENT BY THE COURT. This was an action instituted by John M. Rudy against James R. Austin and Mamie B. Austin, to quiet his title to two certain town lots in Van Burén, and for other purposes.
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Appeal from Crawford Circuit Court in Chancery. STATEMENT BY THE COURT. This was an action instituted by John M. Rudy against James R. Austin and Mamie B. Austin, to quiet his title to two certain town lots in Van Burén, and for other purposes. Plaintiff alleged in his complaint that Daniel H. and Mary Divilbliss conveyed the lots to him on the 15th day of June, 1870; that afterwards, sometime in the month of April, 1879, his father, George H. Rudy, being indebted to M. Rynch, J. Neal and James R. Austin in about the sum of five thousand dollars, entered into an agreement with them, by which…
1Opinion of the Court
Battue), J.,
after stating the facts as above reported.
x Decree cATs^’c'o ml
The defendants in the cross-complaint having failed to controvert the allegations therein, the same should have been taken as true. The circuit court treated them as confessed. Mansf. Dig., sec. 5072.
The conveyance of the lots in controversy by Divil- • bliss and wife to the appellant was virtually a conveyance by George H. Rudy to his son, John M. Rudy, the same having been purchased and paid for by the father. It was a voluntary conveyance. Was it void' as to the creditors of Rudy ?
A debtor has the right to make…
2Cases cited12 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Reade v. LivingstonNew York Court of Chancery · 1818
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Moritz v. HoffmanIllinois Supreme Court · 1864
- Savage v. . MurphyNew York Court of Appeals · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- First National Bank v. BaylessSupreme Court of Georgia · 1895
- Brady v. IrbySupreme Court of Arkansas · 1912
- Renn v. RennSupreme Court of Arkansas · 1944
- Lane v. NewtonSupreme Court of Georgia · 1913
- United States v. JohnstonDistrict Court, W.D. Arkansas · 1965
12 more not listed; retrieve them via the Exa API.