Legal Opinion

Green v. Weems

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 4 opinions

From the chancery court of Lamar county. Hon. Ti-iaddeus A. Wood, Chancellor. Green and others, the appellants, trading under the name of Green & Sons, were complainants in the court below; Weems and his wife, appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court.

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From the chancery court of Lamar county. Hon. Ti-iaddeus A. Wood, Chancellor. Green and others, the appellants, trading under the name of Green & Sons, were complainants in the court below; Weems and his wife, appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court. Benjamin A. Weems was a merchant, and in May, 1902, purchased merchandise from appellants, and afterwards gave them his note for a balance due on the goods. On December 15, 1901, Benjamin A. Weems made and delivered a deed to his wife, Lillian B. Weems, conveying to her…

1Opinion of the CourtWhitfield, C. J.

We think that Code 1892, § 2294, ought to receive, by analogy, similar construction to that heretofore placed on sec. 2457, as regards creditors. In other words, when the “third party” referred to in sec. 2294 is a creditor, that section means that he must be a lien creditor. There would be manifest inharmony of construction if we held, as counsel for appellant contends we should hold, that a mere unsecured creditor is meant by sec. 2294, where the conveyance or transfer is between hus-' band and wife, whilst we hold that sec. 2457 applies only to lien creditors. It is notice by filing for…

2Cases cited2 opinions

  1. Gregory v. DoddsMississippi Supreme Court · 1882
  2. Black, Todd & Co. v. RobinsonMississippi Supreme Court · 1884

3Cited by4 opinions

  1. Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
  2. Groce v. Phoenix InsuranceMississippi Supreme Court · 1908
  3. Burks v. MoodyMississippi Supreme Court · 1926
  4. Stockstill v. BrooksMississippi Supreme Court · 1926

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