Legal Opinion

Ball-Warren Commission Co. v. Wills

Supreme Court of Arkansas

Decided April 30, 1898Published

Appeal from Pope Circuit Court. Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. This was a suit by attachment. W. J. Stowers intervened, and claimed the property attached, under a deed of assignment.

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Appeal from Pope Circuit Court. Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. This was a suit by attachment. W. J. Stowers intervened, and claimed the property attached, under a deed of assignment. The issue raised by the interplea was tried by the court, which found the facts as follows: “The deed of assignment relied on by the interpleader, W. J. Stowers, as evidence of his title to the property in controversy, was executed on the 24th day of November,-1893, by the defendant, P. J. Wills. The Bank of Morrilton, of which the said Stowers is the cashier, was a large creditor of said P.…

1Opinion of the Court

Wood, J.,

(after stating the facts). The natural and, to us, irresistible conclusion to be drawn from the facts, as found by the court, is that the deed of assignment was but a part of a scheme to defraud creditors, and that it was well calculated to subserve that purpose. We do not think the deed itself in this case can properly be divorced from the fraudulent acts which immediately precede and follow its signing and acknowledgement. The deed is but an emanation of that same fraudulent intention and disposition which gave rise to the frauds found by the court. We need not expect to find fraud…

2Cases cited1 opinion

  1. Probst & Hilb v. WeldenSupreme Court of Arkansas · 1885

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