Reeves v. Slade

• Decision Date: 14 November 1903
• Citation: 77 S.W. 54
• Parties: REEVES et al. v. SLADE.
• Court: Arkansas Supreme Court

77 S.W. 54

REEVES et al. v. SLADE.

Supreme Court of Arkansas.

November 14, 1903.

Appeal from Faulkner Chancery Court; Thomas B. Martin, Chancellor.

Suit by J. D. Slade against H. M. Reeves and others to set aside a conveyance of land. From a decree for plaintiff, Reeves and another appeal. Affirmed.

G. W. Rice, for appellants. G. W. Bruce, for appellee.

BATTLE, J.

On the 25th day of November, 1892, G. W. Bruce and others recovered a judgment before a justice of the peace of Faulkner county against H. M. Reeves for $66.66 and all costs, and in 1896 they sold and transferred the judgment to J. D. Slade. On 11th of December, 1899, Slade recovered a judgment before a justice of the peace of the same county against Reeves, in a suit upon the judgment transferred to him, for the sum of $102.96 and costs. Execution was issued on the latter judgment by the justice of the peace on the 21st of December, 1899, and a return of nulla bona was made. The justice of the peace then, at the instance of plaintiff, Slade, filed on the 24th of January, 1900, a certified copy of the judgment in the office of the clerk of the Faulkner circuit court; and the clerk on the same day entered the judgment in the docket for judgments and decrees of that court, and issued an execution thereon which was on the next day returned by the sheriff, "Unsatisfied, not finding any property to levy on."

On the 26th of January, 1900, J. D. Slade commenced a suit in the Faulkner chancery court against H. M. Reeves, Dora Reeves, his wife, George Doneghey, D. O. Horton, and A. J. Witt, alleging in his complaint, in addition to the facts already stated, that H. M. Reeves had purchased certain 177 acres of land in Faulkner county, and caused his vendors to convey the same to his wife, Dora Reeves, for the purpose of defrauding his creditors, and especially the plaintiff, and asking that the deed to Mrs. Reeves be set aside, and that the lands thereby conveyed be sold to satisfy his judgment. Reeves and his wife filed separate answers, in which they deny fraud, and allege that Reeves was indebted to his wife in the sum of $385, and owned in the town of Conway a certain town lot, which was his homestead; that he conveyed this lot to Mrs. Malinda King and her adult children in part payment of the purchase money for the lands in controversy, valuing the lot at $500 and the lands at $800; that, Reeves having paid the taxes then due upon the lands, amounting to $11.76, this sum was deducted from $300, the balance of the purchase money, and Mrs. Reeves executed her note for $288.24, the remainder; and that thereupon, on the 13th day of January, 1896, he caused the Kings to convey the lands to Mrs. Reeves for the purpose of paying his indebtedness to her. "Upon the maturity of the note given by Mrs. Reeves, suit was instituted on it by the Kings; they" seeking a judgment in personam, and...