Legal Opinion

Anderson v. Lachs

Mississippi Supreme Court

Decided October 15, 1881PublishedCited by 7 opinions

Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. The appellee, trustee in the assignment described in the opinion, brought this action of replevin against the appellant, a sheriff, who, by virtue of writs of attachment, sued out by creditors of the grantor, had taken from the possession of the trustee the property which he held under the conveyance. 1. The assignment was fraudulent in law.

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Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. The appellee, trustee in the assignment described in the opinion, brought this action of replevin against the appellant, a sheriff, who, by virtue of writs of attachment, sued out by creditors of the grantor, had taken from the possession of the trustee the property which he held under the conveyance. 1. The assignment was fraudulent in law. It was executed for a pre-existing debt by an insolvent, and directs the trustee to sell accounts, notes, and judgments at public or private sale. Power to sell the stock of…

1Opinion of the CourtCooper, J.

It is urged that the court below should have decided that *114the deed of assignment was void on its face; first, because there is an express reservation therein to the assignor, of the surplus remaining after the payment of the debt to Speed, no provision being made for the payment of other debts due by the assignor; and, second, because authority is conferred on the trustee to sell the property conveyed “ in the usual course of trade,” and “ to collect or sell at public or private sale the notes and accounts ” assigned. The decided weight of authority is that the reservation to the assignor of…

2Cases cited3 opinions

  1. Watkins v. WallaceMichigan Supreme Court · 1869
  2. Carlton, Clark & Co. v. BaldwinTexas Supreme Court · 1859
  3. Price v. De FordCourt of Appeals of Maryland · 1862

3Cited by7 opinions

  1. Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
  2. Foster v. McAlesterCourt of Appeals for the Eighth Circuit · 1902
  3. Teitig v. Boesman Bros.Montana Supreme Court · 1892
  4. Hiller v. EllisMississippi Supreme Court · 1895
  5. Ladnier v. LadnierMississippi Supreme Court · 1886

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