Allen v. Smith Bros.
Mississippi Supreme Court
From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. The record in this case is very voluminous, and a number of questions are discussed by counsel that are not referred to by the court, except in a general way. In view of the opinion, it is only deemed necessary to state the following facts: On February 27, 1892, Jacob Holberg, a merchant of Macon, Miss., executed to B. J. Allen, as assignee, a deed of assignment, preferring certain creditors.
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From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. The record in this case is very voluminous, and a number of questions are discussed by counsel that are not referred to by the court, except in a general way. In view of the opinion, it is only deemed necessary to state the following facts: On February 27, 1892, Jacob Holberg, a merchant of Macon, Miss., executed to B. J. Allen, as assignee, a deed of assignment, preferring certain creditors. The deed conveyed all the £ ‘ lands, tenements and hereditaments ’ ’ of the grantor, and the stock of goods in a certain…
1Opinion of the Court · WoodsWoods, J.
The very concise and lucid opinion of the learned chancellor leaves no room for doubt as to the grounds upon which the deed of assignment was declared fraudulent and void.
1. The retention by the assignor, and the subsequent delivery to Murphey of certain rent notes given for the use of lands assigned, is one of the two grounds assigned for vacating the deed of assignment. We agree that the rents went with the lands conveyed to the assignee, and that the assignee, for the creditors of the assignor, could not be deprived of the rents by any act of the assignor, without invalidating the…
Also in this document: Opinion of the Court · Woods.
2Cases cited7 opinions
- Andrews v. BrumfieldMississippi Supreme Court · 1856
- Estes v. GunterSupreme Court of the United States · 1887
- State ex rel. Clark, West & Co. v. BowenMississippi Supreme Court · 1871
- Anderson v. TindallMississippi Supreme Court · 1853
- Briscoe v. McElweenMississippi Supreme Court · 1871
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3Cited by1 opinion
- Lydick v. ChaneyNebraska Supreme Court · 1902