Baker v. Baer
Supreme Court of Arkansas
Appeal from Sharp Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. On the 11th of January, 1892, S. B. Guthrie made an assignment for the benefit of creditors with preferences. J. B. Baker, interpleader and appellant, was the assignee.
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Appeal from Sharp Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. On the 11th of January, 1892, S. B. Guthrie made an assignment for the benefit of creditors with preferences. J. B. Baker, interpleader and appellant, was the assignee. To him was assigned (quoting from the deed) “all and singular the lands, tenements, hereditaments, and appurtenances, goods, chattels, accounts, promissory notes, debts, choses in action, claims, demands, property and effects of every description belonging to the said party of the first part” (the assignor), “or in which he has any interest or…
1Opinion of the Court
Wood, J.,
i. Asto withholding Is^ment
(after stating the facts.) 1. Neither the . . deed of assignment, nor the claim of exemptions thereto attached, justifies the conclusion that there was a withholding of any real estate by the assignor. The granting clause of the deed is all-embracing as to the earthly possessions of the assignor, “except what are exempt to him by the laws of the State of Arkansas.” The lands conveyed were specifically described in the deed and schedule, and the land claimed by the assignor as' a homestead was included.
The law, upon the evidence of the assignor, determines…
2Cases cited10 opinions
- Dodd v. Hills & KramerSupreme Court of Arkansas · 1879
- Excelsior Manufacturing Co. v. OwensSupreme Court of Arkansas · 1894
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
- Gilkerson-Sloss Commission Co. v. LondonSupreme Court of Arkansas · 1890
- Lowenstein v. FinneySupreme Court of Arkansas · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- King v. Hargadine-McKittrick Dry Goods Co.Supreme Court of Arkansas · 1894
- In re MeriwetherDistrict Court, W.D. Arkansas · 1901
- Robinson v. BeltCourt Of Appeals Of Indian Territory · 1899
- Simmons Hardware Co. v. RhodesCourt of Appeals for the Eighth Circuit · 1925
- Vahlberg v. BirnbaumSupreme Court of Arkansas · 1897