Harman v. Hoskins
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. It. W. Williamson, Chancellor. M. L. Harman gave a deed of trust to C. Y. Gwin as trustee, to secure an alleged indebtedness to J. W. White. The Southern Express Company recovered a judgment against Harman, and had an execution levied on a part of the property-embraced in the deed of trust. Harman, the debtor, Gwin, the trustee, and White, the cestui que trust, obtained an injunction against the sale of the property.
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Appeal from the Chancery Court of Holmes County. Hon. It. W. Williamson, Chancellor. M. L. Harman gave a deed of trust to C. Y. Gwin as trustee, to secure an alleged indebtedness to J. W. White. The Southern Express Company recovered a judgment against Harman, and had an execution levied on a part of the property-embraced in the deed of trust. Harman, the debtor, Gwin, the trustee, and White, the cestui que trust, obtained an injunction against the sale of the property. Upon motion of the judgment-creditor, the injunction was dissolved, and from the decree of dissolution this appeal was…
1Opinion of the Court
Simeall, C. J.,
delivered the opinion of the court..
The motion to dissolve the injunction was made on the face of the bill.
The trustee and the creditor of Harman had procured an injunction restraining the express company and the sheriff from selling property which had been levied on under a judgment and execution in favor of the Southern Express Company, against Harman. The goods were merchandise,. and embraced in the deed of trust. The Southern Express Company affirms that the deed of trust is fraudulent, and that the intent “ to hinder, delay, or defraud existing creditors” is apparent from…
2Cases cited8 opinions
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