Martin v. Banks
Supreme Court of Arkansas
Appeal from Craighead Chancery Court; T. D. Block, Special Chancellor; 1. Since on appeal chancery cases are tried de novo, the findings of a chancellor are persuasive merely, and, if, on review of the cause, it appears that his findings are .against a clear preponderance of the evidence, this court will reverse. 75 Ark. 72; 31 Ark. 85; 43 Ark. 307; 77 Ark. 305. 2. The evidence of witness Robertson as to’ W. S. Martin’s statements in effect that he was investing his money in…
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Appeal from Craighead Chancery Court; T. D. Block, Special Chancellor; 1. Since on appeal chancery cases are tried de novo, the findings of a chancellor are persuasive merely, and, if, on review of the cause, it appears that his findings are .against a clear preponderance of the evidence, this court will reverse. 75 Ark. 72; 31 Ark. 85; 43 Ark. 307; 77 Ark. 305. 2. The evidence of witness Robertson as to’ W. S. Martin’s statements in effect that he was investing his money in his wife’s name to keep his creditors from getting it was inadmissible, no evidence appearing to show that the…
1Opinion of the CourtHirl, C. J.
This was a creditor’s bill, brought by Banks against W. S. Martin and his wife to set aside a conveyance of real estate which stood in Mrs. Martin’s name, and to subject the same to the payment of Banks’s judgment against Mr. Martin. The chancellor gave the relief prayed, and Mrs. Martin has appealed.
The plaintiff’s case rests upon the testimony of two former business associates of Mr. Martin as to statements made by him tending to prove that the property standing in his wife’s name was in fact his property, the title to which was placed in her name in order to avoid his creditors reaching…
2Cases cited1 opinion
- Sharp v. FitzhughSupreme Court of Arkansas · 1905
3Cited by5 opinions
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- Buchanan v. WilliamsSupreme Court of Arkansas · 1913