Harris v. Smith
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. There was no evidence to sustain the allegations of the bill. No judgment against Harris was shown or' offered in evidence. One not a creditor is in no position to ask that a conveyance be set aside. 58 Ark. 186; -34 Id. 291. 2. No fraud was proven. 50 Ark. 289; 64 Id. 505. Nor was there proof of insolvency. 68 Id. 162. 3. The court had no jurisdiction of lands in Polk County.
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Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. There was no evidence to sustain the allegations of the bill. No judgment against Harris was shown or' offered in evidence. One not a creditor is in no position to ask that a conveyance be set aside. 58 Ark. 186; -34 Id. 291. 2. No fraud was proven. 50 Ark. 289; 64 Id. 505. Nor was there proof of insolvency. 68 Id. 162. 3. The court had no jurisdiction of lands in Polk County. Kirby’s Dig., § § 1284, 1305, 6060; 85 Va. 1; 33 Ark. 31, 33; 18 How. 263; 20 Tex. 334; 55 Ark. 454; 70 Id. 347; 16 Fla. 708; 43…
1Opinion of the CourtHumphreys, J.
Gilbert A. Smith obtained judgment against E. P. Harris for $234.17, on the 23d day of June, 1915, in the chancery court for the Fort Smith District of Sebastian County. On July 16, 1915, the Arkansas Valley Trust Company purchased the business and assets of the Fort Smith Bank & Trust Company, and one of the assets was a balance of $6,419.80, due upon a judgment which the Fort Smith Bank & Trust Company obtained against E. P. Harris in the Sebastian Chancery Court for the Fort Smith. District, on the 15th day of April, 1915. On account of the insolvency of E. P. Harris, Gilbert A. Smith…
2Cases cited4 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Jacks v. MooreSupreme Court of Arkansas · 1878
- McLaughlin v. McCrorySupreme Court of Arkansas · 1892
- Cox v. Railway Co.Supreme Court of Arkansas · 1892
3Cited by18 opinions
- Kosman v. ThompsonSupreme Court of Iowa · 1927
- Ryckman v. JohnsonWashington Supreme Court · 1937
- Chapman & Dewey Lumber Co. v. BryanSupreme Court of Arkansas · 1931
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Farmers' State Bank v. FosheeSupreme Court of Arkansas · 1926
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