52 Ark. 171 | Ark. | 1889
The plaintiff in an action of ejectment .against Bell relied upon a Sheriff’s deed executed in 1881, in pursuance of a judgment rendered in 1879 against a Mrs. Moore who was the common owner of title of both parties.
Eleven years prior to the rendition of the judgment, the judgment defendant had conveyed the lands described in the Sheriff’s deed to her grandson, J. W. Moore.
In a suit brought by one Allen, a creditor of Mrs. Moore, the St. Francis Chancery Court declared the conveyance by Mrs. Moore to her grandson a fraud upon Allen’s rights as a creditor, set the deed aside and ordered that the lands be sold to pay his debts.
The decree was introduced in evidence by the plaintiff in ■.this cause to show that the conveyance to the grandson, through whom the defendant claims title, had been canceled, and that the title was thereby divested from the grandson and vested again in Mrs. Moore; and the court tried the cause upon that theory.
But the decree established nothing except that the conveyance was void as against Allen’s right to enforce the payment of his debt.
The plaintiff in the case, being a stranger to that suit, took nothing by the decree and .could build no estoppel against J. W. Moore or his grantee upon it.
Reverse the judgment and remand the cause for a new trial.