Quisenberry v. Davis
Supreme Court of Arkansas
-Appeal from Ben-ton■ Chancery Court-; Ben F. Mc-Mahan, Chancellor; 1. No insolvency was shown by the evidence. Insolvency of the husband must be alleged and clearly proven. 66 Ark. 487; 80 Id. 447; Acts 1887, p. 193. Outstanding notes or unsatisfied judgments .alone do not prove insolvency. 74 Ark. 161; 80 Id. 447. The bill should have been dismissed as insolvency was not proven and it was not shown that the remedy at law was adequate. 100 Ark. 565; 56 Id. 476; 27 Id. 157.…
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-Appeal from Ben-ton■ Chancery Court-; Ben F. Mc-Mahan, Chancellor; 1. No insolvency was shown by the evidence. Insolvency of the husband must be alleged and clearly proven. 66 Ark. 487; 80 Id. 447; Acts 1887, p. 193. Outstanding notes or unsatisfied judgments .alone do not prove insolvency. 74 Ark. 161; 80 Id. 447. The bill should have been dismissed as insolvency was not proven and it was not shown that the remedy at law was adequate. 100 Ark. 565; 56 Id. 476; 27 Id. 157. 2. The court’s findings are contrary to the evidence. The husband purchased as agent for the wife. A husband honestly…
1Opinion of the CourtMcCulloch, C. J.
John M. Davis, State Bank Commissioner, and John Schaap & Sons Drug Company instituted this action as creditors of B. W. Quisenberry against the latter and his wife, Virginia Quisenberry, in the chancery court of Benton County to subject to the payment of the debts due to the plaintiffs certain real estate in Rogers, Arkansas, which had been conveyed to Mrs. Quisenberry. The allegation is that the property was purchased at a bankruptcy .sale in January, 1916, by B. W. Quisenberry, but that the title was taken in the name of his wife, Virginia, for the fraudulent purpose of cheating his said…
2Cases cited7 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Cooper v. McCoySupreme Court of Arkansas · 1915
- McCombs v. WallSupreme Court of Arkansas · 1899
- Fogel v. ButlerSupreme Court of Arkansas · 1910
- Dawson v. ParhamSupreme Court of Arkansas · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hatch v. Scott, Admx.Supreme Court of Arkansas · 1946
- Hinton v. WillardSupreme Court of Arkansas · 1949
- Brown v. CreekmoreSupreme Court of Arkansas · 1920
- Tunstill v. J. T. Fargason Co.Supreme Court of Arkansas · 1923
- Wallis v. Magnet Cove Rural Special School DistrictSupreme Court of Arkansas · 1929
1 more not listed; retrieve them via the Exa API.