T. H. & J. M. Allen & Co. v. Montgomery
Mississippi Supreme Court
Appeal from the chancery court of Bolivar county. Harman, Chancellor. On the 11th day of March, 1868, the appellants filed their bill in the court below, alleging that F. A. Montgomery owed them the following debts: A promissory note for $4,760.80, dated May 16, 1861, and due nine months after date; another note for $968.30, dated September 1, 1865, and due January 1, 1867, and an open account for plantation supplies furnished during the year 1866. That these supplies were…
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Appeal from the chancery court of Bolivar county. Harman, Chancellor. On the 11th day of March, 1868, the appellants filed their bill in the court below, alleging that F. A. Montgomery owed them the following debts: A promissory note for $4,760.80, dated May 16, 1861, and due nine months after date; another note for $968.30, dated September 1, 1865, and due January 1, 1867, and an open account for plantation supplies furnished during the year 1866. That these supplies were furnished upon the parol agreement that said Montgomery would ship to them all the cotton he might raise during said last…
1Opinion of the Court
SlMRALL, J. t
The appellants, creditors of F. A. Montgomery, seek to set aside a sale and conveyance, made by Trimble and Lightfoot, of a tract of land mentioned in the pleadings, to Mrs. Montgomery, on the averment that the property is subject to their debt, and that the means by which it passed from her husband to the trustees, and especially from the latter to her, were fraudulent contrivances and arrangements to defeat the complainants of their debt.
F. A. Montgomery was indebted to the complainants, cotton factors and commission merchants, a balance before the war in 1860 and 1861. After…
2Cases cited2 opinions
- Scruggs v. BlairMississippi Supreme Court · 1870
- Fowler v. McCartneyMississippi Supreme Court · 1854
3Cited by12 opinions
- Hart v. Livermore Foundry & Machine Co.Mississippi Supreme Court · 1895
- Lewis v. First National BankOregon Supreme Court · 1904
- M P I, Inc. v. McCulloughDistrict Court, N.D. Mississippi · 1978
- Barber v. TerrellSupreme Court of Georgia · 1875
- Reed v. BullingtonMississippi Supreme Court · 1873
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