Sharp v. Fitzhugh
Supreme Court of Arkansas
Appeal from Crawford Chancery Court. J. Virgii, Bourland, Chancellor. statement by the court. This is a suit brought in the chancery court of Crawford County by H. L. Fitzhugh, as trustee of the estate of John Sharp, a bankrupt, against said John Sharp and his wife, Ella Sharp, and others, to subject certain property, real and personal, held in the name of Ella Sharp, to the payment of the debts of said bankrupt.
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Appeal from Crawford Chancery Court. J. Virgii, Bourland, Chancellor. statement by the court. This is a suit brought in the chancery court of Crawford County by H. L. Fitzhugh, as trustee of the estate of John Sharp, a bankrupt, against said John Sharp and his wife, Ella Sharp, and others, to subject certain property, real and personal, held in the name of Ella Sharp, to the payment of the debts of said bankrupt. John Sharp, prior to the year 1897, failed in business, and was indebted to creditors in large sums, which he did not pay. In April 29, 1902, he filed his petition in bankruptcy, and…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) 1. Appellants raise here, for the first time, a question as to the power of the trustee to maintain this suit, urging that he is empowered to sue to set aside only such conveyances in fraud of creditors as were made within four months next before the adjudication of bankruptcy. It is doubted that this, question, though it goes to the power of the trustee to maintain the suit, can be raised here in the case, when no such objection was made below, either by demurrer or answer. It seems clear, however, that under subdivision e, section 70, of the…
2Cases cited7 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Nance v. NanceSupreme Court of Alabama · 1887
- Hershy v. LathamSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stelle v. StateSupreme Court of Arkansas · 1906
- Farmers' State Bank v. FosheeSupreme Court of Arkansas · 1926
- Bunch v. Empire Cotton Oil Co.Supreme Court of Arkansas · 1923
- Martin v. BanksSupreme Court of Arkansas · 1909
- Bolling v. FitzhughSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.