Blythe v. Jett
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. George S. Cunningham, Judge. 1. Mrs. Harris, a married woman, was entitled to her chattel exemption of $500. Sec. 2. art. g, Const., ‡6 Ark., ifg. 2. It was incumbent on appellee, who attacks the sale, as made to defraud creditors, to show that if it had not been made, the goods would have been subject to seizure and sale on execution, for if not, Harris’ creditors were not injured or defrauded.
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APPEAL from Johnson Circuit Court. George S. Cunningham, Judge. 1. Mrs. Harris, a married woman, was entitled to her chattel exemption of $500. Sec. 2. art. g, Const., ‡6 Ark., ifg. 2. It was incumbent on appellee, who attacks the sale, as made to defraud creditors, to show that if it had not been made, the goods would have been subject to seizure and sale on execution, for if not, Harris’ creditors were not injured or defrauded. Erb v. Cole & Dow, 31 Ark., 554, The evidence clearly shows that the personal property of Mrs. Harris was worth more than $500.
1Opinion of the Court
Hughes, J,
Appellant purchased of Mrs. O. J. Harris, a married woman, doing business as a merchant in Clarksville, Johnson County, Arkansas, the property in controversy in the suit. Mrs. Harris being indebted and insolvent, at the date of the sale, an execution was levied by the appellee, as Sheriff pf Johnson County, upon the property, to recover which Mrs. Blythe, the appellant, brought an action of replevin before a Justice of the Peace, and recovered judgment, from which appellee appealed to the Circuit Court, where judgment was rendered in his favor, from which appellant appealed to this…
2Cases cited7 opinions
- Briggs v. McCulloughCalifornia Supreme Court · 1869
- Dains v. ProsserNew York Supreme Court · 1860
- Smith v. SladeNew York Supreme Court · 1870
- Bourne v. MerrittSupreme Court of Vermont · 1850
- Tuttle v. BuckNew York Supreme Court · 1863
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3Cited by13 opinions
- Davis v. CramerSupreme Court of Arkansas · 1918
- Scanlan v. GuilingSupreme Court of Arkansas · 1897
- Pace v. RobbinsSupreme Court of Arkansas · 1899
- Ward v. Nu-Wa Laundry Cleaners, Inc.Supreme Court of Arkansas · 1943
- Andrews v. BriggsSupreme Court of Arkansas · 1942
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