Hunt v. Weiner
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. J. H. Eogers, Circuit Judge. 1. There had not and could not have been a return of nulla bona on plaintiff’s execution. Meux v. Anthony, 11 Ark., lt-11; Sale v. McLean, 89 ib.; Clark v. Anthony, 3 ib. 2. Plaintiff’s remedy was adequate at law. Field v. Jones, 10 &a., 889; Latham v. Barton, 6 Black/., 97; Mill. B. F. A. v. Clayton, 9 Allen, 101; Freeman on Judgments, sec. 1/86; Bump on Fraud.
Read the full summary
APPEAL from Sebastian Circuit Court. Hon. J. H. Eogers, Circuit Judge. 1. There had not and could not have been a return of nulla bona on plaintiff’s execution. Meux v. Anthony, 11 Ark., lt-11; Sale v. McLean, 89 ib.; Clark v. Anthony, 3 ib. 2. Plaintiff’s remedy was adequate at law. Field v. Jones, 10 &a., 889; Latham v. Barton, 6 Black/., 97; Mill. B. F. A. v. Clayton, 9 Allen, 101; Freeman on Judgments, sec. 1/86; Bump on Fraud. Convey., p. 58A 3. The trustees, who were creditors, were not shown to have participated in or had any knowledge of the fraudulent purpose of the grantor. Cornish…
1Opinion of the CourtSmith, J.
This was a creditor’s bill, involving the validity of the assignment heretofore considered in Teah v. Roth and Falconer v. Hunt. The assignment was made February 19, 1879, by Amanda Teah and Abram Teah. And on the twelfth of April, 1879, two of her unsatisfied judgment-creditors filed the present bill, in behalf of themselves and all others in like condition, for the purpose of uncovering the assets locked up by the assignment, and subjecting them to the satisfaction of their debts.
In the progress of the cause, two other firms (one preferred in the assignment), who had recovered judgments…
2Cases cited7 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Collumb v. . ReadNew York Court of Appeals · 1862
- Riggs v. MurrayNew York Court of Chancery · 1817
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Emerson v. SenterSupreme Court of the United States · 1886
- Vetterlein v. BarnesSupreme Court of the United States · 1888
- Clark v. SawyerMassachusetts Supreme Judicial Court · 1890
- Blackford v. Westchester Fire Ins.Court of Appeals for the Eighth Circuit · 1900
- Bush v. Prescott & Northwestern Railway Co.Supreme Court of Arkansas · 1907
6 more not listed; retrieve them via the Exa API.