Jaffray v. McGehee
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas., The statutes of Arkansas contain the following provisions: — “ Sect. 385. In all cases in which any person shall make an assignment of any property, whether real, personal, or choses in action, for the payment of debts, before the assignee thereof shall be entitled to take possession, sell, or in any way manage or control any property so assigned, he shall be required to file in the…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas., The statutes of Arkansas contain the following provisions: — “ Sect. 385. In all cases in which any person shall make an assignment of any property, whether real, personal, or choses in action, for the payment of debts, before the assignee thereof shall be entitled to take possession, sell, or in any way manage or control any property so assigned, he shall be required to file in the office of the clerk of the court exercising probate jurisdiction, a full and complete inventory'and description of such…
1Opinion of the CourtJustice Woods
The statute of Arkansas provides that the property assigned for the benefit of creditors shall be sold at public auction within one hundred and twenty days after the execution of the bond required of the assignee.
The deed of assignment in effect authorized the assignee to sell at private sale, and at such time and in such manner as he should deem advisable and right. Under this power he could wait an indefinite time, and then sell the property at wholesale, or he could carry on the business of selling off the stock of goods in the ordinary way of retail' merchants, and without any limit of…
2Cases cited6 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Brashear v. WestSupreme Court of the United States · 1833
- Peck v. . BurrNew York Court of Appeals · 1851
- Sumners. v. Hickss.Supreme Court of the United States · 1863
- Raleigh v. GriffithSupreme Court of Arkansas · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Robinson & Co. v. BeltSupreme Court of the United States · 1902
- First Nat. Bank v. GlassCourt of Appeals for the Eighth Circuit · 1897
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
20 more not listed; retrieve them via the Exa API.