Graham v. Morgan
Mississippi Supreme Court
From the chancery court of Oovington ..county. Hon. Stone Deavours, Chancellor. Mrs. Morgan, appellee, was complainant in the court below; Graham, appellant, was defendant there. The facts were these: In 1900 Thomas B. Morgan, husband of appellee, was the owner of the lands in .controversy. He was indebted to one Nicholson, who brought an attachment suit against him in the circuit court of Covington county.
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From the chancery court of Oovington ..county. Hon. Stone Deavours, Chancellor. Mrs. Morgan, appellee, was complainant in the court below; Graham, appellant, was defendant there. The facts were these: In 1900 Thomas B. Morgan, husband of appellee, was the owner of the lands in .controversy. He was indebted to one Nicholson, who brought an attachment suit against him in the circuit court of Covington county. The attachment issue was tried at tbe January term, 1901, on a plea in abatement, and resulted in a verdict and judgment in favor of defendant. Tbe issue on tbe merits was then continued…
1Opinion of the CourtTruly, J.
The sole question presented by this record is whether appellee participated in or was cognizant of the fraudulent intent of her husband towards his other creditors in mating the deed of the .property to her. It is probably true that but for the suit then •pending of Nicholson v. T. B. Morgan (husband of appellee), and the probability of judgment being obtained by Nicholson, the property would not have been conveyed at the time it was. .But assuming this to be true, it is not of,itself sufficient to show that appellee was a party to any fraud. Tinder uniform decisions of our court, a husband,…
2Cases cited4 opinions
- McAllister v. HoneaMississippi Supreme Court · 1893
- Kaufman v. WhitneyMississippi Supreme Court · 1874
- Ladnier v. LadnierMississippi Supreme Court · 1886
- Tuteur v. E. H. Chase & Co.Mississippi Supreme Court · 1889
3Cited by5 opinions
- Howell v. General Contract Corp.Mississippi Supreme Court · 1957
- Shaw v. StateMississippi Supreme Court · 1940
- Barbee v. PigottMississippi Supreme Court · 1987
- Mississippi Cottonseed Products Co. v. PhelpsMississippi Supreme Court · 1944
- Donoghue v. ShullMississippi Supreme Court · 1904