Loughridge v. Bowland
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. O. H. Wi-iiteield, Chancellor. The bill of Loughridge & Bogan alleges that they in good faith, and for value, purchased of J. N. Chears the land in •controversy; that afterwards Chears confessed judgment to Bowland, who had- the land levied on; that Bowland had .knowledge of their purchase, and that it was in good faith for value. They ask that the sale be enjoined. Deed from •Chears is made an exhibit.
Read the full summary
Appeal from the Chancery Court of Lee County. Hon. O. H. Wi-iiteield, Chancellor. The bill of Loughridge & Bogan alleges that they in good faith, and for value, purchased of J. N. Chears the land in •controversy; that afterwards Chears confessed judgment to Bowland, who had- the land levied on; that Bowland had .knowledge of their purchase, and that it was in good faith for value. They ask that the sale be enjoined. Deed from •Chears is made an exhibit. It is not acknowledged. Dillard, the subscribing witness to the deed, is not sworn, but the deed .was filed for record, April 9, 1866.…
1Opinion of the CourtSimball, C. J.
The decision of this case depends on the solution of these questions :
1. Was the sale and conveyance by J. N. Chears to Lough-ridge & Bogan anterior to the'levy of Bowland’s attachment, and did the latter, have notice of it ?
2. Was the conveyance bona fide, or fraudulent as to creditors of Chears?
3. Was Bowland a creditor of Chears at the date of the conveyance ?
The deed purports to have been dated the 7th of February, 1866. Not having been acknowledged or proved, as required by law, the filing of it for record on the 12th of March, 1866, under the imperfect and insufficient proof by the…
2Cases cited13 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bank of Mississippi v. HollingsworthMississippi Supreme Court · 1992
- Mainwarring v. TemplemanTexas Supreme Court · 1879
- United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
- Brunson v. BrooksSupreme Court of Alabama · 1880
- Allen v. KaneWashington Supreme Court · 1914
21 more not listed; retrieve them via the Exa API.