Gregory v. Dodds
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. WhartoN, Judge. On the 30th of December, 1881, Gregory, Stagg & Co. sued D. S. Hurlbut in attachment, and had G. S. Dodds summoned as a garnishee.
Read the full summary
Appeal from the Circuit Court of Copiah County. Hon. T. J. WhartoN, Judge. On the 30th of December, 1881, Gregory, Stagg & Co. sued D. S. Hurlbut in attachment, and had G. S. Dodds summoned as a garnishee. The plaintiffs recovered a judgment against Hurlbut; but Dodds answered the garnishment, denying any indebtedness to the defendant, and stating that he was indebted to Hurlbut’s wife-in the sum of $500, for furniture bought from her in December, 1881. The plaintitfs in attachment controverted Dodds’ answer, avering that the furniture sold to him was the property of the defendant, Hurlbut,…
1Opinion of the CourtChalmers, J.
Sect. 1178 of the Code of 1880 makes void “ as to any third person ’ ’ all toansfers of property between husband and wife, though accompanied by delivery of possession, unless ■evidenced by some written instrument duly filed for record.
The circuit judge instructed the jury in this case that a parol transfer from a husband to his wife would, nevertheless, be valid as to subsequent creditors, and that none save those who were creditors of the grantor at or before the date of the transfer were injured by it or could attack it. Such is certainly not the language of the statute, which does not use…
2Cited by11 opinions
- Kennington v. HemingwayMississippi Supreme Court · 1911
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Barbee v. PigottMississippi Supreme Court · 1987
- Morgan v. SaulsMississippi Supreme Court · 1982
- Green v. WeemsMississippi Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.