Valentine v. McGrath
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. J. M. Ellis, Chancellor. Appellees held a judgment against C. E. Dobyns. They sued out an execution and levied on the land in controversy. Appellants enjoined the sale, claiming that the land belonged to them, and that the sale would be a cloud upon their title.
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Appeal from the Chancery Court of Jefferson County. Hon. J. M. Ellis, Chancellor. Appellees held a judgment against C. E. Dobyns. They sued out an execution and levied on the land in controversy. Appellants enjoined the sale, claiming that the land belonged to them, and that the sale would be a cloud upon their title. They derain title as follows : A deed from C. E. Dobyns to H. C. Dobyns, June 13, 1866, recorded July 2, 1866 ; a deed in trust from C. E. Dobyns and H. C. Dobyns to David Harrison, as trustee, to secure two notes of the grantors to Given, Watts & Co. for $3.500, filed for…
1Opinion of the CourtCampbell, J.
Judgment creditors were about to sell under execution certain land, when appellants enjoined them, claiming to have acquired the land by successive conveyances from the judgment debtor. The judgment creditors who were thus enjoined answered the bill, and made their answer a cross-bill, in which they aver that the claim set up- to prevent the sale under execution is a fraudulent one, having been marked *116by fraud from its inception through the successive conveyances down to complainants in the injunction bill, who were mere volunteers, having paid nothing for the deed made to them. The…
2Cases cited1 opinion
- Shaw v. MillsapsMississippi Supreme Court · 1874
3Cited by3 opinions
- Mims v. SwindleMississippi Supreme Court · 1920
- Pennington v. PurcellMississippi Supreme Court · 1929
- Laird v. StateCourt of Criminal Appeals of Texas · 1916