O'Conner v. Ward
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. HaugjhtoN, Chancellor. The bill in this cause sets forth these facts : — The complainants are the daughter and widow of Dr. Amos Ward, who died intestate in July, 1875, the owner of a considerable real and personal estate, heavily embarrassed with •debts. The estate consisted of a plantation of some three thousand acres, with the usual personal property found on such places, and a residence in the city of Aberdeen.
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Appeal from the Chancery Court of Monroe County. Hon. L. HaugjhtoN, Chancellor. The bill in this cause sets forth these facts : — The complainants are the daughter and widow of Dr. Amos Ward, who died intestate in July, 1875, the owner of a considerable real and personal estate, heavily embarrassed with •debts. The estate consisted of a plantation of some three thousand acres, with the usual personal property found on such places, and a residence in the city of Aberdeen. The plantation was under mortgage for about $30,000. Dr. Ward left no male member of his family surviving to whom the…
1Opinion of the CourtCooper, J.
The demurrer was properly overruled. It is a general demurrer to the whole bill and though many causes are assigned, • *1033each one denies the right- to relief on all the facts stated in the bill. The complainants ask to be relieved on either one of the several grounds that the conveyances were intended as mortgages, though absolute in form, or, that they were made for the purpose of defrauding the creditors of Mrs. Ward at the instigation and procurement of the defendant, who by reason of his relationship to the complainants had acquired and exercised such an influence over them that the fraud…
2Cases cited4 opinions
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