Cowling v. Hill
Supreme Court of Arkansas
Appeal from Howard Circuit Court in Chancery. W. V. Tompkins, Special Judge. Action by Hill, Fontaine & Co. against John C. Cowling and others. From a judgment in favor of plaintiffs, defendants have appealed. The husband had the right to make such a conveyance to his wife as that in this ease. 56 S. W. 632. Creditors cannot insist upon the husband's pleading limitation as to the rents due the wife. 68 la. 132; S. C. 26 FT.
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Appeal from Howard Circuit Court in Chancery. W. V. Tompkins, Special Judge. Action by Hill, Fontaine & Co. against John C. Cowling and others. From a judgment in favor of plaintiffs, defendants have appealed. The husband had the right to make such a conveyance to his wife as that in this ease. 56 S. W. 632. Creditors cannot insist upon the husband's pleading limitation as to the rents due the wife. 68 la. 132; S. C. 26 FT. W. 35; 63 Die. 326. The burden of proving fraud rests upon the appellees. 119 Ala. 312; S. 0, 25 So. 767; 94 Pa. St. 56, 316; 135 Pa. St. 434; S. C. 19 Atl. 1026; 7 Ired.…
1Opinion of the CourtRiddicic, J.
This was ail action brought by a judgment creditor to set aside and declare fraudulent and void certain conveyances made by the judgment debtor to his wife. The circuit judge found that the conveyances were fraudulent and void as to the rights of the plaintiffs, and adjridged that the lands conveyed were subject to the payment of plaintiffs’ judgment. Under the facts and circumstances in proof, we think the judgment was right. The husband can, of course, convey property to his wife in payment of a valid debt due from him to her, as he can to any other creditor. But the courts cannot shut…
2Cited by4 opinions
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