Legal Opinion

Weir-Booger Dry Goods Co. v. Kelly

Mississippi Supreme Court

Decided March 15, 1902Published

Brom the chancery court of Union county. Hon. Henry L. Muldrow, Chancellor. Weir-Booger Dry Goods Co., appellant, was the plaintiff in the court below; Kelly and others, appellees, were defendants there. The opinion states the case.

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Brom the chancery court of Union county. Hon. Henry L. Muldrow, Chancellor. Weir-Booger Dry Goods Co., appellant, was the plaintiff in the court below; Kelly and others, appellees, were defendants there. The opinion states the case. The bill alleges actual fraud on the part of both buyer and seller in the sale to W. M. Kelly, and contains other averments which might make the transaction assignable to the middle class of cases between actual and constructive fraud, not cognizable in a court of law. Redfield v. ILewes, 67 Miss., 479; White v. Trotter, 14 Smed. & M., 32, 45, 46; Richardson v.…

1Opinion of the CourtTerral, J.

On the 10th day of November, 1898, appellant sued out an attachment against the estate of Charles E. Kelly for the sum of $535, alleging among other grounds of attachment that Ohai’les E. Kelly had disposed of his property with intent to defraud his creditors, which writ of attachment was levied upon a stock of goods sold by Charles E. Kelly to W. M. Kelly. W. M. Kelly replevied the stock of goods, and gave bond as claimant, with O. S. Pobertson and H. D. Stephens as sureties, in which they agreed to pay appellant $1,070 unless said W. ,M. Kelly should prosecute with effect his claim to said…

2Cases cited2 opinions

  1. Pool v. DosterMississippi Supreme Court · 1881
  2. Bush v. StampsMississippi Supreme Court · 1853

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