Irwin v. Dugger
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; Lyman F. Reeder, Chancellor; STATEMENT OF FACTS. M. M. Irwin, doing business as Heber Hardware & Furniture Company, brought this suit in equity against J. E. Dugger, Sarah C. Dugger, and M. Gr. Dugger, to set aside certain deeds which it is alleged J. E. Dugger executed to his co-defendants in fraud of the rights of his creditors.
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Appeal from Cleburne Chancery Court; Lyman F. Reeder, Chancellor; STATEMENT OF FACTS. M. M. Irwin, doing business as Heber Hardware & Furniture Company, brought this suit in equity against J. E. Dugger, Sarah C. Dugger, and M. Gr. Dugger, to set aside certain deeds which it is alleged J. E. Dugger executed to his co-defendants in fraud of the rights of his creditors. The facts, so far as are necessary ,to test the the correctness of the decision of the chancellor, are substantially as follows: On the 15th day of March, 1917, the North Arkansas Townsite Company executed to J. E. Dugger a deed…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is the settled rule of this court that the finding’s of fact made by a chancellor will not be reversed on appeal unless they are against the preponderance of the evidence.
It is true that transactions between a husband and wife affecting the rights of creditors, especially where the husband is insolvent, are to be scrutinized with care in passing upon the question of good faith, and the burden is upon the wife to show her good faith. Bunch v. Crowe, 134 Ark. 242.
This court has also frequently decided that a wife who- allows her husband to use her property…
2Cases cited2 opinions
- Goodrich v. Bagnell Timber Co.Supreme Court of Arkansas · 1912
- Cowling v. HillSupreme Court of Arkansas · 1901
3Cited by3 opinions
- Haffke v. Hempstead County Bank & Trust Co.Supreme Court of Arkansas · 1924
- Johnson v. Young Men's Bldg. Loan Ass'nSupreme Court of Arkansas · 1933
- Johnson v. Young Men's Building & Loan Ass'nSupreme Court of Arkansas · 1933