McLean v. Letchford
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. Conceding, for the purpose of argument, that the sale was fraudulent, the decree was, nevertheless, erroneous in not allowing J. W. McLean to be reimbursed the sums paid out in discharge of encumbrances and taxes, and in the erection of valuable improvements, less the rents received by him.
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Appeal from the Chancery Court of Holmes County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. Conceding, for the purpose of argument, that the sale was fraudulent, the decree was, nevertheless, erroneous in not allowing J. W. McLean to be reimbursed the sums paid out in discharge of encumbrances and taxes, and in the erection of valuable improvements, less the rents received by him. All the authorities agree that where the fraud is only constructive, the grantee upon the setting aside of the conveyance will be reimbursed the purchase-money paid by him,…
1Opinion of the CourtChalmers, J.
On the 30th of May, 1878, J. N. McLean, Sr., and his two sons, G. A. McLean and J. N. McLean, Jr., said two sons being merchants and partners, under the firm name of G. A. McLean & Co., were the owners of three plantations on the Tallahatchie Liver, known respectively as Wildwood, Gold-dust, and Glenboro. These plantations, with the personal property situate upon them, were worth about forty thousand dollars, but were resting under mortgages amounting to two-thirds or three-fourths of their value. On the day above named a sale of the entire property took place under the junior encumbrance,…
2Cited by7 opinions
- BLOUNT v. BlountMississippi Supreme Court · 1957
- Holman v. HudsonMississippi Supreme Court · 1940
- Hamblet v. HarrisonMississippi Supreme Court · 1902
- Jessup v. ReynoldsMississippi Supreme Court · 1949
- Hibernia Bank & Trust Co. v. BeechMississippi Supreme Court · 1918
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