Carmack v. Lovett
Supreme Court of Arkansas
APPEAL from Boone Circuit Court in Chancery. Hon. J. P. Peel, Special Judge. Where consideration is impeached for fraud, party claiming under the deed cannot aver in its support considerations different from that expressed in the deed. (Kerr on Fraud and Mistake, p. 191, and authorities.) Where deed is assailed by creditors, no evidence is admissible which contradicts the deed or changes its character. 1 Bump on Fraud.
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APPEAL from Boone Circuit Court in Chancery. Hon. J. P. Peel, Special Judge. Where consideration is impeached for fraud, party claiming under the deed cannot aver in its support considerations different from that expressed in the deed. (Kerr on Fraud and Mistake, p. 191, and authorities.) Where deed is assailed by creditors, no evidence is admissible which contradicts the deed or changes its character. 1 Bump on Fraud. Conv. {3d ed.), top pp. 596-598-9 and 42-43; Condensed Rep. La., vol. 2, 334; lb., vol. 3, p. 102; 1 Johns., 139; 7 Johns. Chy., 341; 30 Ark., 417. As to who are such…
1Opinion of the CourtEakin, J.
Appellant (Carmack) obtained judgment at law against John Lovett, as surety upon the bond of complainant’s guardian, executed in 1871. There was execution and return of nulla bona.
He then filed this bill to set aside, as fraudulent, a conveyance of lands which Lovett, after having become bound on the bond, had executed to his children, alleging that it had been made “without any consideration of value.” The grantees in the conveyance were the children of Lovett, some of whom were adults. The deed itself is copied in the transcript, and, although not marked so as to identify it with the paper…
2Cited by27 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Henslee v. KennedySupreme Court of Arkansas · 1977
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
- Foster v. GravesSupreme Court of Arkansas · 1925
- Fulwider v. WoodsSupreme Court of Arkansas · 1971
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