Porter v. Caspar
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. B. G. PeytoN, Chancellor. Harriet M. Porter and her children filed this bill in chancery to enjoin the sale of certain land levied on under an execution upon a judgment recovered by Mrs. E. Caspar against George C. Porter, the complainant’s husband.
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Appeal from the Chancery Court of Hinds County. Hon. B. G. PeytoN, Chancellor. Harriet M. Porter and her children filed this bill in chancery to enjoin the sale of certain land levied on under an execution upon a judgment recovered by Mrs. E. Caspar against George C. Porter, the complainant’s husband. The bill alleged that the land, the title to- which is in Mr. Porter, was purchased with money arising from the sale of other land, which had been conveyed to him by the Union Bank, in trust for his wife for life, and, at her death, for their children. Mrs. Caspar answered the bill, denying the…
1Opinion of the CourtChalmers, J.
George C. Porter holds the land involved, just as he held that with the proceeds of which this was purchased; that is to say, seised with the fee as trustee for his wife for life, and remainder to her children. He could not defeat this trust by taking title to himself, nor will the property thereby become liable to those who have trusted him on the faith of his apparent ownership by virtue of the provisions of § 1779 of Code of 1871, which makes property standing in the husband’s name liable to his debts, where the credit has been extended in consequence of this apparent ownership. That…
2Cases cited1 opinion
- Clopton v. MathenyMississippi Supreme Court · 1873