by John Marshall Harlan

“ The plaintiff alleged that $1,200 of the account was due, and that the remainder thereof was to become due; also, that Malcolm had sold, conveyed, or otherwise disposed of his property, or suffered or permitted it to be sold, with the intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts. A writ of attachment, based upon affidavit, was issued and levied upon one storehouse and fixtures, one stock of general merchandise, and one ginhouse and sawmill, as the property of Malcolm. ”

“ Robertson, 53 Ark. 101, 104, 13 S. W. 423, 424, the court saying: 'The confidence of the mortgagors that no surplus would result to them in this case is apparent from the deeds, as also from the testimony. The purpose was to devote the property to the payment of debts. This may be accomplished by either a mortgage or an assignment. The question is, have the grantors, by stipulations in the deeds, or by their agreements and acts, impressed the character of a trust for creditors upon this transaction?' In Robson v. ”