Lowenstein v. Caruth
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. 1. A judgment by confession rendered without the consent of the creditor binds no one. 47 N. W. 810; 69 Wis. 434; S. C. 34 N. W. 229; 53 Ark. 140; Mechem, Ag. secs. 84, 85, 87. A subsequent ratification would not oust appellants’ lein. 53 Ark. 140. 2. The evidence shows that the conveyance was fraudulent. 56 Ark. 73; D. R. 14 Eq.106, 118, 121; 7 Fed. 668 ; 17 N. J. Eq. 367; 50 Ark. 42; 34 N. Y. 508; 2 Col. 473…
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Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. 1. A judgment by confession rendered without the consent of the creditor binds no one. 47 N. W. 810; 69 Wis. 434; S. C. 34 N. W. 229; 53 Ark. 140; Mechem, Ag. secs. 84, 85, 87. A subsequent ratification would not oust appellants’ lein. 53 Ark. 140. 2. The evidence shows that the conveyance was fraudulent. 56 Ark. 73; D. R. 14 Eq.106, 118, 121; 7 Fed. 668 ; 17 N. J. Eq. 367; 50 Ark. 42; 34 N. Y. 508; 2 Col. 473 ; 2 Pom. Eq. Jur. sec. 973 ; 48 Ark. 419. 1. At the time the conveyance was made, Cohn was perfectly solvent, and was…
1Opinion of the CourtBattle, J.
This was an action to set aside a conveyance of real estate, because it was executed with the intent to hinder and delay creditors. Upon this branch of the case the chancery court, finding that the evidence adduced at the hearing was insufficient to show that there was any fraud in the execution of the conveyance, refused to set it aside. We concur with the court in. that finding, and, in that respect, affirm its decree.
But it was instituted for another purpose. The plaintiffs, B. Uowenstein & Bros., stated as follows in their complaint: “That the defendant, Simon Cohn, being for a long time…
2Cases cited5 opinions
- Los Angeles County Bank v. RaynorCalifornia Supreme Court · 1882
- Wilcoxson v. BurtonCalifornia Supreme Court · 1865
- Chapin v. McLarenIndiana Supreme Court · 1886
- Hardware Co. v. Deere, Mansur & Co.Supreme Court of Arkansas · 1890
- Farmers & Mechanics Bank v. MatherSupreme Court of Iowa · 1870
3Cited by5 opinions
- Hilliard v. BunkerSupreme Court of Arkansas · 1900
- Herrod v. LarkinsSupreme Court of Arkansas · 1931
- Davidson v. RichardsonOregon Supreme Court · 1907
- Mechanics Bank of Richmond v. TholeCalifornia Court of Appeal · 1971
- Madsen v. BradleySupreme Court of Arkansas · 1953