Legal Opinion

Thomason v. Neeley

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 12 opinions

Appeal from the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. This was a bill to set aside a fraudulent conveyance by one who was not a debtor at the time of making the conveyance. The party was suing for damages, but had not recovered a judgment when the deed was executed.

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Appeal from the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. This was a bill to set aside a fraudulent conveyance by one who was not a debtor at the time of making the conveyance. The party was suing for damages, but had not recovered a judgment when the deed was executed. The errors complained of are: 1. The court erred in rendering a decree setting aside the transfer of the real estate as fraudulent. 2. The court erred in adjudging the complainant a creditor. 3. The court erred in decreeing the property which was exempt from seizure and sale under execution at the…

1Opinion of the CourtSimrall, J.

Mary A. Neeley, who purchased the land in controversy at sheriffs sale, under executions issued upon j udgments, recovered against W. K. Thomason, exhibited her bill in chancery against Thomason and Hughes, to vacate and set aside a deed executed by Thomason, conveying the premises in trust to Sadler and Drake, with power to sell to pay the debts therein mentioned; and also to annul and cancel the deed made by these trustees to Hughes, who purchased at their sale.

The ground of assailing these conveyances is, that they were contrived and made to hinder, delay and defraud the complainant and…

2Cases cited2 opinions

  1. Daniel v. Morrison'sCourt of Appeals of Kentucky · 1838
  2. Ladner v. OgdenMississippi Supreme Court · 1856

3Cited by12 opinions

  1. Harris v. SchlinkeTexas Supreme Court · 1901
  2. Eckert v. WendelTexas Supreme Court · 1931
  3. Wright v. JonesTexas Commission of Appeals · 1932
  4. Logan v. LoganSupreme Court of Florida · 1886
  5. Preston-Parton Milling Co. v. Dexter Horton & Co.Washington Supreme Court · 1900

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