Lincoln v. Field
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. James M. Pittman, Judge. Appeal from a judgment sustaining an attachment brought to test the validity of a deed of assignment for the benefit of creditors. It is dated August 9, 1889, purports to be the deed of George T. Lincoln and J. C. Arthur, and conveys all of their partnership property to I. R. Hall, for the benefit of their creditors, with preferences.
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APPEAL from Benton Circuit Court. James M. Pittman, Judge. Appeal from a judgment sustaining an attachment brought to test the validity of a deed of assignment for the benefit of creditors. It is dated August 9, 1889, purports to be the deed of George T. Lincoln and J. C. Arthur, and conveys all of their partnership property to I. R. Hall, for the benefit of their creditors, with preferences. After describing the property in general terms, but specifying particularly the stock of goods, it provides as follows: "A schedule containing a more particular description of the property herein…
1Opinion of the CourtHemingway, J.
1. Assignment for creditors— Delivery“forth-The determination of this cause depends upon the interpretation of the clause in the deed of assignment containing directions to the assignee. The clause is as follows : “ The said party of the second part shall forthwith take possession of all the estate, property and effects above conveyed and assigned to him, and shall, with all reasonable diligence and within the time and in the manner provided by the laws of the State of Arkansas, sell and dispose of said property', * * * and shall dispose of such proceeds when so converted into money in the…
2Cited by8 opinions
- Missouri Pac. Railroad Co., Thompson v. WilliamsSupreme Court of Arkansas · 1941
- Appolos v. BradyCourt of Appeals for the Eighth Circuit · 1892
- Commonwealth v. MayhewCourt of Appeals of Kentucky (pre-1976) · 1943
- Excelsior Manufacturing Co. v. OwensSupreme Court of Arkansas · 1894
- Myers v. DunnCourt of Appeals of Kentucky · 1907
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