Hall v. Fulgham
Tennessee Supreme Court
FROM CHEATHAM. Appeal from the Chancery Court of Cheatham County. Geo. E. Seay, Ch. General creditors of J¡ H. Fulgham filed their hills against him and others to reach his interest in land occupied as a homestead, and previously conveyed by joint mortgage of himself and wife, expressly waiving homestead, to secure another creditor. The mortgage was not mature when the bills were filed.
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FROM CHEATHAM. Appeal from the Chancery Court of Cheatham County. Geo. E. Seay, Ch. General creditors of J¡ H. Fulgham filed their hills against him and others to reach his interest in land occupied as a homestead, and previously conveyed by joint mortgage of himself and wife, expressly waiving homestead, to secure another creditor. The mortgage was not mature when the bills were filed. Fulgham set up a claim to homestead against all his debts except the one secured by the mortgage. The Chancellor refused to decree foreclosure of tbe mortgage, but directed sale of the land subject to ■ it,…
1Opinion of the CourtCaldwell, J.
The complainants in these causes brought their bills in the Chancery Court of Cheat-ham County to subject a certain tract of land to sale for the payment of their debts against defendant, Fulgham.
They allege, in the first instance, that he has fraudulently conveyed the land to his co-defendant, Greer, and, in the alternative, that the conveyance is, at most, but a mortgage; and they pray that the deed be set aside, and the land sold for their benefit; and, in the event that cannot be done, that the conveyance be treated as a mortgage, and be foreclosed, so that they may receive the surplus…
2Cited by10 opinions
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- King v. PattersonTennessee Supreme Court · 1913
- Whitehead v. Brownsville BankTennessee Supreme Court · 1933
- Wright v. BrooksTennessee Supreme Court · 1899
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