Legal Opinion

Thomson v. Hester

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 8 opinions

Appeal from the Chancery Court of Hinds County. Hon. E. G-. Peyton, Chancellor. The facts appear in the opinion of the court.

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Appeal from the Chancery Court of Hinds County. Hon. E. G-. Peyton, Chancellor. The facts appear in the opinion of the court. Two questions are presented by the record for adjudication : 1. Is the complainant, Thomson, a creditor whose debt was existing at the time of the conveyance. 2. Were the conveyances fraudulent? An examination of the evidence will show that these two questions become merged into one, for the complainant asserts that the alleged payment of his debt, set up by the defendant, was really but a part of a scheme conceived by the defendants for the purpose of defrauding him.…

1Opinion of the CourtChalmers, J.

On March 20, 1869, William Hester, being insolvent, and intending to prefer certain creditors, conveyed to L. K. Barber, by a conveyance absolute upon its face, and for the. nominal consideration of $31,000, all the property of which he was possessed, consisting of a plantation in Hinds County and another in Madison, with all the personal property on each, embracing large numbers of horses, cattle, etc., together with an undivided interest in large bodies of wild land in Adams, Yazoo, and Sunflower Counties in this state, and in the parish of East Feliciana, Louisiana.

The conveyance was made…

2Cases cited3 opinions

  1. Lowry v. FisherCourt of Appeals of Kentucky · 1867
  2. Willis v. GattmanMississippi Supreme Court · 1876
  3. Hill v. BuggMississippi Supreme Court · 1876

3Cited by8 opinions

  1. Molsons Bank v. BermanMichigan Supreme Court · 1923
  2. Robinson v. PayneMississippi Supreme Court · 1881
  3. Wyatt v. WyattMississippi Supreme Court · 1902
  4. Sledge, McKay & Co. v. ObenchainMississippi Supreme Court · 1881
  5. Farmers' Loan & Trust Co. v. Meridian Waterworks Co.U.S. Circuit Court for the District of Southern Mississippi · 1905

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