Dodson v. Homan
Mississippi Supreme Court
"W. S. Dodson being indebted to J. W. Iloman executed his note to him for $2,500, dated April 4, 1877, due twelve months after date; he gave a mortgage on certain lands in Jackson county, signed by himself and wife to secure it.
Read the full summary
"W. S. Dodson being indebted to J. W. Iloman executed his note to him for $2,500, dated April 4, 1877, due twelve months after date; he gave a mortgage on certain lands in Jackson county, signed by himself and wife to secure it. In 1879 certain other creditors of Dobson sued out attachments against him, which were levied upon the land, whereupon Homan filed a bill in the Chancery Court of Jackson county on June 24, 1879, to foreclose his mortgage, making Dodson and wife and the attaching creditors parties defendants. The attaching creditors demurred to the bill and their demurrer was…
1Opinion of the Court
Opinion.
Campbell, C. J.:
This cause proceeded to final decree in the court below, certainly against the wishes' and perhaps in violation of the instructions of the complainant. The property sold under the decree seems to have been sacrificed, and this grew in great measure out of the surprise operated upon all parties by the undesired prosecution of the suit. There is strong ground to suspect that the desire for a discontinuance of the litigation sprang from a scheme to defraud creditors. This however may not be true, and if it is not, the grossest injustice will be wrought by an affirmance.…
2Cases cited2 opinions
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Coulter v. HerrodMississippi Supreme Court · 1854