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73 Ark. 489

Hinkle v. Broadwater

Supreme Court of Arkansas

Decided January 7, 1905

Supreme Court of Arkansas · decided 1905-01-07

Frederick D. Fuekerson, Judge. statement by the court. Under the act of April 19, 1895, John A. Hinkle, as administrator of Thomas J. Broadwater, deceased, filed a bill in the Independence Chancery Court against John T. Broadwater, asking the court to set aside a certain conveyance made by defendant’s father, Thomas J. Broadwater, to defendant on the 6th day of October, 1882.

Relies on Stanley v. Snyder · Brown v. Wyandotte & Southeastern Railway Co. · Blythe v. Jett

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-01-07

How this case has been cited

Cited by 20 later decisions — most recently January 1987

20 state decisions

70190519101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wood, J.,

¶1(after stating the facts.) It could serve no useful purpose to go into a discussion of the facts. The question as to whether or not the deed was fraudulent is a question of fact. We have carefully considered the record on this point, and we conclude that the finding of the chancellor is correct. At least, we are convinced that it is not clearly against the preponderance of evidence. Gaty v. Holcomb, 44 Ark. 216; Brown. v. Wyandotte & S. E. Ry. Co., 68 Ark. 134; Mooney v. Tyler, 68 Ark. 314.

¶2The land conveyed was the homestead. It could not have been reached by creditors, had there been no conveyance of it by the debtor, and he had the right to dispose of it as he pleased. Stanley v. Snyder, 43 Ark. 434; Blythe v. Jett, 52 Ark. 549. As to such property, there are no creditors. Then why should an intent to defraud them be predicated upon sqch an- act? We cannot see.

¶3We need not discuss questions of law so ably presented in appellant’s brief. We agree with the chancellor on the facts.

¶4Affirm.

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