McAllister v. Honea
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. R. A. Honea, claiming to be the real owner of certain land, filed this bill against Mrs. S. F. McAllister to cancel, as a cloud on his title, her claim thereto. Complainant and defendant claim title from a common source — Honea claiming under an execution sale of the land as the property of Mrs. M. E. Bnrkitt, and Mrs. McAllister claiming under a conveyance from Mrs. Bnrkitt.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. R. A. Honea, claiming to be the real owner of certain land, filed this bill against Mrs. S. F. McAllister to cancel, as a cloud on his title, her claim thereto. Complainant and defendant claim title from a common source — Honea claiming under an execution sale of the land as the property of Mrs. M. E. Bnrkitt, and Mrs. McAllister claiming under a conveyance from Mrs. Bnrkitt. On January 28, 1892, Mrs. Bm’kitt, being at the time in the undisputed possession and ownership of the land, executed a trust-deed thereon to…
1Opinion of the CourtCooper, J.
Although the settlement between Mrs. Burkitt and Mrs. McAllister was evidently made necessary, and was, in fact, brought about by the action of the creditors of Mrs. Burkitt in pressing collection of their demands bj’’ suits, this does not of itself stamp that settlement as fraudulent, if in truth Mrs. Burkitt really owed Mrs. McAllister the amount for which she executed the note and deed of trust, and afterwards the absolute deed, which are assailed by complainant. The decisive question is whether the debt was a real debt and the. conveyance made in its honest payment. It is not suggested in…
2Cases cited1 opinion
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
3Cited by16 opinions
- Lange v. WatersCalifornia Supreme Court · 1909
- Hancock v. PyleMississippi Supreme Court · 1941
- Beasley v. BeasleyMississippi Supreme Court · 1937
- The Texas Co. v. Newton Naval S. Co.Mississippi Supreme Court · 1955
- Fatherree v. McCormickMississippi Supreme Court · 1946
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