Hoskins v. Fayetteville Grocery Co.
Supreme Court of Arkansas
Appeal from Madison Chancery Court; T. H. Humphreys, Chancellor; The court had no jurisdiction. No warning order was ever made upon the complaint. Kirby’s Digest, § 6065; 71 Ark. 322; 55 Id. 30; 70 Id. 409. The judgment debtor is an indispensable party. 8 Am. & Eng. Enc. Law, 7.75; Pomeroy, Rem. & Rem.
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Appeal from Madison Chancery Court; T. H. Humphreys, Chancellor; The court had no jurisdiction. No warning order was ever made upon the complaint. Kirby’s Digest, § 6065; 71 Ark. 322; 55 Id. 30; 70 Id. 409. The judgment debtor is an indispensable party. 8 Am. & Eng. Enc. Law, 7.75; Pomeroy, Rem. & Rem. Rights (1 Ed.), § 447. Actions like this are based on the fraudulent intent to hinder and delay creditors and a participation by the debtor’s vendee in such intent. 17 Ark. 146; 31 Id. 554; 41 Id. 316. The insolvency also must be shown. The sale under the evidence was not fraudulent. Kirby’s…
1Opinion of the CourtMcCulloch, J.
Jas. M. Bailey owned a small stock of merchandise, and was indebted to alppellee, Fayetteville Grocery Company, in the sum of $147.39 f°r merchandise purchased from the latter. He deserted his family, and left his stock of goods in the possession of his wife and son, and they sold it to appellant Hoskins for the sum of $375, which is shown to be the fair value thereof. Appellant paid for the goods by the delivery to Mrs. Bailey of two mules valued at $100 each, and a lot of cattle of sufficient value to make up the balance of the agreed price of the goods. The Grocery Company brought this…
2Cases cited5 opinions
- Hollis v. StateSupreme Court of Arkansas · 1894
- Bogan v. ClevelandSupreme Court of Arkansas · 1889
- Hall v. RoulstonSupreme Court of Arkansas · 1902
- White v. SwannSupreme Court of Arkansas · 1900
- Sims v. PhillipsSupreme Court of Arkansas · 1891
3Cited by5 opinions
- Davis v. CramerSupreme Court of Arkansas · 1918
- Binion v. LyleSupreme Court of Oklahoma · 1911
- Beebe Stave Co. v. AustinSupreme Court of Arkansas · 1909
- Griffin v. Batterall Shoe Co.Supreme Court of Arkansas · 1918
- Acker v. DeVoreSupreme Court of Arkansas · 1916