Legal Opinion

Bolling v. Fitzhugh

Supreme Court of Arkansas

Decided March 25, 1907PublishedCited by 3 opinions

Appeal from Crawford Chancery Court; J. V. Bourland, Chancellor; Petition in the chancery court of Crawford County by Henry E. Fitzhugh, as trustee in bankruptcy of the estate of John Sharp, against the defendant, Hila R. Sharp and W. R. Bolling, surety, for judgment on a supersedeas bond executed by them. From a decree in favor of the plaintiff in accordance with the prayer of the petition, the defendant and said surety appealed.

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Appeal from Crawford Chancery Court; J. V. Bourland, Chancellor; Petition in the chancery court of Crawford County by Henry E. Fitzhugh, as trustee in bankruptcy of the estate of John Sharp, against the defendant, Hila R. Sharp and W. R. Bolling, surety, for judgment on a supersedeas bond executed by them. From a decree in favor of the plaintiff in accordance with the prayer of the petition, the defendant and said surety appealed. Appellants had the right to turn over to the trustee the personal property mentioned in. the former decree, and to that extent acquit themselves. If they were…

1Opinion of the CourtMcCurroch, J.

The decree appealed from in the case of Sharp v. Fitzhugh, 75 Ark. 562, was in favor of the plaintiff, Fitzhugh, as trustee in bankruptcy of the estate of John Sharp, cancelling the title of the defendant Ella R. Sharp to certain real estate therein described and declaring the same to be assets in the hands of said trustees. The court further found that John Sharp, while insolvent and with the fraudulent intent to cheat, hinder and delay his creditors, invested the sum of $2,200 in the name of his wife, Ella R. Sharp, in the mercantile firm of Wright & Co., doing business in Alma, Ark.; that…

2Cases cited2 opinions

  1. Sharp v. FitzhughSupreme Court of Arkansas · 1905
  2. Stephens v. ShannonSupreme Court of Arkansas · 1884

3Cited by3 opinions

  1. Kirby v. YoungSupreme Court of Arkansas · 1920
  2. Dover v. HendersonSupreme Court of Arkansas · 1939
  3. Barnett Bros. v. PorterSupreme Court of Arkansas · 1918

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