Smith v. Ellison
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Leland Leatherman, Chancellor; 1. The deed from Wm. Sumpter to Sumpter Land and Improvement Company was fraudulent and void as to his creditors. They had obtained judgments at the time the deed was executed, which.were unsatisfied. The land was worth from five to six thousand dollars; but the consideration expressed in the deed was only ten dollars, according to the evidence twenty-five dollars. 41 Am. Rep. 756; 15 Pac. 635; 14 Am.
Read the full summary
Appeal from Garland Chancery Court; Leland Leatherman, Chancellor; 1. The deed from Wm. Sumpter to Sumpter Land and Improvement Company was fraudulent and void as to his creditors. They had obtained judgments at the time the deed was executed, which.were unsatisfied. The land was worth from five to six thousand dollars; but the consideration expressed in the deed was only ten dollars, according to the evidence twenty-five dollars. 41 Am. Rep. 756; 15 Pac. 635; 14 Am. St. Rep. 739; 6 Md. 72; 76 N. C. 82; 50 Ark. 42; 55 Ark. 59; 55 Ark. 116; 48 Ark. 424; 73 Ark. 179; 73 Fed. 327; 21 S. W. 847.…
1Opinion of the CourtRiddick, J.
This is a suit in equity by J. A. Smith and other creditors of John J. and William Sumpter to set aside certain conveyances of land made by them and to subject the lands to the payment of the judgments which the respective plaintiffs had recovered against these defendants.
The land in controversy originally belonged to James Sumpter, the father of John J. and William Sumpter. In September, 1861, he conveyed it to his son, William Sumpter. This deed recites a consideration of seven hundred dollars, but William Sumpter testified that he paid nothing for it, and that his father, in apprehension…
2Cases cited5 opinions
- First National Bank v. BertschyWisconsin Supreme Court · 1881
- Euclid Avenue National Bank v. JudkinsSupreme Court of Arkansas · 1899
- Hunt v. WeinerSupreme Court of Arkansas · 1882
- Davis v. Arkansas Fire InsuranceSupreme Court of Arkansas · 1897
- Clark v. AnthonySupreme Court of Arkansas · 1876
3Cited by3 opinions
- Kingsbury v. ChristyArizona Supreme Court · 1920
- McCann v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1937
- American Bonding Co. v. HordCourt of Appeals for the Eighth Circuit · 1938