King v. Hargadine-McKittrick Dry Goods Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Port Smith District. Edgar E. Bryant, Judge. 1. Sec. 31, act of congress approved May 2, 1890, extends and puts in force in the Indian Territory chap. 8 of Mansf. Digest. See Stat. U. S. 1889, 1890, pp. 94, 95. Hence Belt was entitled to claim the exemptions. 2. The claim of property as “exempt” in a deed of assignment, when in fact it is not exempt, does not invalidate the assignment. 15 Mo.
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Appeal from Sebastian Circuit Court, Port Smith District. Edgar E. Bryant, Judge. 1. Sec. 31, act of congress approved May 2, 1890, extends and puts in force in the Indian Territory chap. 8 of Mansf. Digest. See Stat. U. S. 1889, 1890, pp. 94, 95. Hence Belt was entitled to claim the exemptions. 2. The claim of property as “exempt” in a deed of assignment, when in fact it is not exempt, does not invalidate the assignment. 15 Mo. App. 544; 62 Wis. 167; 61 Id. 335 ; lb. 293 ; 23 Fed. 676 ; 9 Kas. 30; 21 Id. 710 ; 85 N. Y. 464; 53 Hun, 45; 59 Miss. 801; 42 Am. Rep. 355. 3. If two interpretations…
1Opinion of the CourtHughes, J.
The appellee brought suit and sued out an attachment against Jno. C. Belt. The appellant, King, interpleaded, and claimed the property upon which the attachment was levied by virtue of an assignment for the benefit of creditors made to him by Belt, in which assignment the property so conveyed is described. Said deed of assignment was made in the Indian Territory, and some of the property assigned was situated in Fort Smith, Ark., where the same was attached. The deed contained the following provision, to-wit: “I, the said Jno. C. Belt, hereby intending to convey unto the said C. M. King, for…
2Cases cited2 opinions
- Shorman v. EakinSupreme Court of Arkansas · 1886
- Baker v. BaerSupreme Court of Arkansas · 1894
3Cited by6 opinions
- Baxter County Bank v. CopelandSupreme Court of Arkansas · 1914
- Brown Shoe Company v. StoneSupreme Court of Arkansas · 1927
- Robinson v. BeltCourt of Appeals for the Eighth Circuit · 1900
- Robinson v. BeltCourt Of Appeals Of Indian Territory · 1899
- Beal-Burrow Dry Goods Co. v. BakerSupreme Court of Oklahoma · 1929
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