Teah v. Roth
Supreme Court of Arkansas
APPEALS from Sebastian Circuit Court, Fort Smith District. lion. J. H. Rogers, Circuit Judge. The conveyance was an assignment, and not a deed of trust. Crittenden v. Johnson, 11 Ark., 94; 'Hoffman v. Mack-all, 5 Ohio St., 184- The deed was void on its face. Raleigh v. Griffith, 37 Ark., 150. A sale on credit, or at retail, or in any other mode than that prescribed by our statute, renders the assignment void.
Read the full summary
APPEALS from Sebastian Circuit Court, Fort Smith District. lion. J. H. Rogers, Circuit Judge. The conveyance was an assignment, and not a deed of trust. Crittenden v. Johnson, 11 Ark., 94; 'Hoffman v. Mack-all, 5 Ohio St., 184- The deed was void on its face. Raleigh v. Griffith, 37 Ark., 150. A sale on credit, or at retail, or in any other mode than that prescribed by our statute, renders the assignment void. Raleigh v. Griffith, 37 Ark., 150. No bond or inventory was contemplated by the instrument, or ever filed as prescribed by law. Bartlett, Reed $ Co. v. Teah, 1 McCrary, 176. Cite Burrell…
1Opinion of the CourtSmith, J.
In these cases the plaintiffs brought actions against the maker of an assignment for the benefit of certain enumerated creditors, and caused attachments to be levied upon portions of the stock of goods assigned. The defendant interposed no defense to the merits, but contested the ground of attachment, which was, that she had fraudulently disposed of her property, the fraud relied upon being the making of said assignment. The attachments were sustained, and we affirm the judgments below upon the authority of Raleigh v. Griffith, 37 Ark., 150. The deed empowered the assignees to retail the…
2Cited by5 opinions
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Rice v. FrayserUnited States Circuit Court · 1885
- H. B. Claflin Co. v. Middlesex Banking Co.U.S. Circuit Court for the District of Eastern Arkansas · 1902
- Hill v. WoodberryCourt of Appeals for the Eighth Circuit · 1892
- Aaronson v. DeutschUnited States Circuit Court · 1885