Legal Opinion

Carlisle v. Tindall

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 10 opinions

Appeal from the chancery court of Chickasaw county, Hon, Austin Pollard, Chancellor. The facts of the case sufficiently appear in the opinion of the court, The defendant, E. M. Tindall, could not under our statute have oonveyed his property to his wife, M. A. Tindall, at the. time that he did, and invest his wife with a valid, good title.

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Appeal from the chancery court of Chickasaw county, Hon, Austin Pollard, Chancellor. The facts of the case sufficiently appear in the opinion of the court, The defendant, E. M. Tindall, could not under our statute have oonveyed his property to his wife, M. A. Tindall, at the. time that he did, and invest his wife with a valid, good title. Code, p. 376, § 1778. If then, a deed made direct to Mrs. M. A. Tindall, by her husband, E. M. Tindall, under the circumstances, would have been void as against the creditors of E. M. Tindall, certainly the deed made by Mrs. Nerm Cain to Mrs. M. A. Tindall,…

1Opinion of the CourtSimrall, J.

The complainants, who are purchasers at sheriff’s sale, under judgments secured against E. M. Tindall, of lot No. 109, in the town of Okolona, seek by their bill to displace, cancel and annul, the deed from Mrs. Cain to Mrs. Tindall. The averments are that Tindall, being pressed by creditors with suits, before the judgments were obtained, “ set about putting his property in a situation that’ could not be reached by his creditors; and, to hinder and defraud them, he did, on the 1st day of April, 1872, negotiate an exchange of his undivided interest in lot No. 10, to Mrs. Kern Cain, for lot No.…

2Cases cited2 opinions

  1. Doyle v. SleeperCourt of Appeals of Kentucky · 1833
  2. Huntington v. AllenMississippi Supreme Court · 1870

3Cited by10 opinions

  1. Robinson v. Springfield Co.Supreme Court of Florida · 1885
  2. Jones v. RogersMississippi Supreme Court · 1904
  3. Ferguson v. BoboMississippi Supreme Court · 1876
  4. August Bernheim & Co. v. BeerMississippi Supreme Court · 1878
  5. Pulliam v. TaylorMississippi Supreme Court · 1874

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