Winn v. Barnett
Mississippi Supreme Court
Appeal from the Vice-chancery Court at Yazoo city. Hon. Selden S. Wright, vice-chancellor. The substance of the bill is set out in the opinion of the court. For appellant it is contended that the court below erred in overruling the demurrer to the bill, because an administrator cannot maintain a bill to set aside a deed made by his intestate in fraud of the rights of creditors. Eubanks v. Dobbs, 4 Pike, (Ark.) R. 173, cited in 4 U. S. Dig. ¡306; Kipp v. Hanna, 2 Bland.
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Appeal from the Vice-chancery Court at Yazoo city. Hon. Selden S. Wright, vice-chancellor. The substance of the bill is set out in the opinion of the court. For appellant it is contended that the court below erred in overruling the demurrer to the bill, because an administrator cannot maintain a bill to set aside a deed made by his intestate in fraud of the rights of creditors. Eubanks v. Dobbs, 4 Pike, (Ark.) R. 173, cited in 4 U. S. Dig. ¡306; Kipp v. Hanna, 2 Bland. R. 26; Atherley on Marriage. Settlements, 116, 117; Roberts on Fraudulent Conveyances; and it makes no difference that the…
1Opinion of the CourtFisher, J.
The complainants, as administrators of the estate of R. M. Winn, deceased, filed this bill in the Yice-Chancery Court, at Yazoo City,, to recover certain slaves in the possession of and claimed by the defendant, on the ground that her title was, and is fraudulent and void, as to the creditors of the intestate.
The allegations of the bill are as follows : — That J. R. Burrus,. as administrator of one Cheatham, in the year 1849, sold the slaves in controversy under an order of the Probate Court of Yazoo county, when Joshua T. Russell became the purchaser, and executed his note with the…
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