Legal Opinion

Pennington v. Seal

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 8 opinions

Appeal from the chancery court of Marshall county. Ho.n, PeWitt SteaRNS, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. There is no doubt that the voluntary conveyance made the 21st of March, 1868, by Wm. and Nancy Seal' to their children, Thomas J. and Ellen G., was void as to prior creditors.

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Appeal from the chancery court of Marshall county. Ho.n, PeWitt SteaRNS, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. There is no doubt that the voluntary conveyance made the 21st of March, 1868, by Wm. and Nancy Seal' to their children, Thomas J. and Ellen G., was void as to prior creditors. Young v. White, 25 Miss,, 149; Bogard v. Qorclley, 4 S. & M., 310 ; Swayze v. Doe., 13 i'b., 323; Yertner et al. v, Humphries, 14 ib., 131; Kerr on Fraud, 199, After William Seal had given 240 acres, on which was situated his dwelling house, ta Thomas P and Ellen…

1Opinion of the CourtSiMRARL, J.

In proceedings had in the chancery court to settle the accounts final of William Seal, guardian of the plaintiff in error, Pennington, a decree was rendered in favor of Pennington, for $2,316.13. A writ oi fieri facias, issued upon the decree, was levied upon the lands described in the pleadings. After the levy, Pennington brought his bill in chancery, to vacate and set aside a conveyance., made by William Seal, to his son and daughter, as obscuring the title, so that the property might bring its value when sold. The date of the decree was September 12, 1857. The complainant alleges *524that the…

2Cases cited4 opinions

  1. Williams v. BanksCourt of Appeals of Maryland · 1857
  2. McLemore v. NuckollsSupreme Court of Alabama · 1861
  3. Whitworth v. LyonsMississippi Supreme Court · 1860
  4. Wilson v. KohlheimMississippi Supreme Court · 1872

3Cited by8 opinions

  1. Loughridge v. BowlandMississippi Supreme Court · 1876
  2. Beard v. BlumTexas Supreme Court · 1885
  3. Crocker v. HuntzickerWisconsin Supreme Court · 1902
  4. Pulliam v. TaylorMississippi Supreme Court · 1874
  5. Reid v. PerrowSupreme Court of Virginia · 1923

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