Austin Clothing Co. v. Posey
Mississippi Supreme Court
Appeal from the chancery court of Neshoba county. Hon. J. F. McCool, Chancellor. Suit in chancery by the Austin Clothing Company against J. L. Posey. From a decree for defendants, complainants appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Neshoba county. Hon. J. F. McCool, Chancellor. Suit in chancery by the Austin Clothing Company against J. L. Posey. From a decree for defendants, complainants appeal. The facts are fully stated in the opinion of the court. This cause in the court below was tried and is here, on the facts stated in the answer and the following two well-known and universal rules, viz.: “All matters of fact averred in tlie bill and not denied by tbe answer otherwise than by general traverse, may be taken at the hearing as admitted.” Code 1906, Sec. 584, and authorities there…
1Opinion of the CourtReed, J.
Appellants, creditors of J. L. Posey, filed their bill in chancery against appellees, seeking to set aside as fraudulent conveyances of property, certain instruments executed by him, being a deed of trust to a son, a deed of conveyance to another son, and a deed to his wife, claiming that they were for the purpose of defrauding appellants as creditors.
On August 21, 1911, appellees filed their answer to the bill. On November 13, 1911, the complainants had the case set down for final hearing, on the issue docket upon *726bill and answer. No proof was taken in the case. The chancellor, upon the…
2Cases cited6 opinions
- Wofford v. AshcraftMississippi Supreme Court · 1873
- Rodd v. DurbridgeMississippi Supreme Court · 1876
- Dyer v. WilliamsMississippi Supreme Court · 1884
- Miller v. LamarMississippi Supreme Court · 1871
- Osborne v. CrumpMississippi Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Merchants Fertilizer & Phosphate Co. v. Standard Cotton GinMississippi Supreme Court · 1945
- Austin Clothing Co. v. PoseyMississippi Supreme Court · 1913