Collier v. Davis
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The deed is a copy of one held good in Clayton v. Johnson, jó Ark., ‡08, and we rely on that case and the authorities cited there. The deed of assignment is void on its face, because, first, it provides that “this assignment shall be settled and closed up under the direction of the creditors assenting to the same.”
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The deed is a copy of one held good in Clayton v. Johnson, jó Ark., ‡08, and we rely on that case and the authorities cited there. The deed of assignment is void on its face, because, first, it provides that “this assignment shall be settled and closed up under the direction of the creditors assenting to the same.” A majority of the assenting creditors can have the assignee to close up the trust against the remonstrance of the minority, if this deed is good. The provisions of the statute of assignments are mandatory. See…
1Opinion of the CourtSmith, J.
1. Assign ments : When void as to credi-
McGuire, in 1884, made an assignment for the benefit of his creditors. The deed, after reciting that the maker is indebted in a sum far beyond his ability to pay, conveys to the trustee certain goods, wares and merchandise, which are particularly described in an accompanying schedule, and all the debtor’s choses in action. The trustee is empowered to sell the goods, on the best terms he can consistently with the statute, to collect the debts, and apply the proceeds ratably among the creditors. But no creditor is to participate in the distribution of the…
2Cases cited12 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- Dana v. LullSupreme Court of Vermont · 1845
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3Cited by8 opinions
- Brickhouse v. HillSupreme Court of Arkansas · 1925
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Churchill v. HillSupreme Court of Arkansas · 1894
- Brown Shoe Company v. StoneSupreme Court of Arkansas · 1927
- Nelson v. HarperSupreme Court of Arkansas · 1916
3 more not listed; retrieve them via the Exa API.