Cock v. Oakley
Mississippi Supreme Court
Appeal from the Chancery Court of Benton County. Hon. L. C. Abbott, Chancellor. The material facts in this case are stated in the opinion of the court. The evidence sustains the bill. The debt existed, the judgment had been obtained on it. The conveyance was without consideration. The debtor divested herself of all visible property. The execution had been regularly issued and returned nulla bona.
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Appeal from the Chancery Court of Benton County. Hon. L. C. Abbott, Chancellor. The material facts in this case are stated in the opinion of the court. The evidence sustains the bill. The debt existed, the judgment had been obtained on it. The conveyance was without consideration. The debtor divested herself of all visible property. The execution had been regularly issued and returned nulla bona. A voluntary conveyance is not good as to creditors, whatever be the actual intent. Young v. White, 8 Cush., 146; Swayze v. Mc-Crossin, 18 S. & M., 317 ; Catchings v. Manlove, 10 George, 655 ; Bogard…
1Opinion of the CourtSimrall, J.
The complainant, W. W. Cock, had recovered judgment in the circuit court of Benton county, against the defendant, Mrs. Oakley, upon which execution had been issued and returned nulla bona. After incurring the liability, upon which the judgment was founded, Mrs. Oakley made a voluntary conveyance of a quarter section of land to her son.
The object of the bill is to vacate this conveyance, and declare tho land subject to the satisfaction of the judgment.
The proofs in the cause make it clear, that Mrs. Oakley did not make the conveyance with the motive and intent to defeat the complainant’s…
2Cases cited1 opinion
- Wilson v. KohlheimMississippi Supreme Court · 1872
3Cited by5 opinions
- De Bardeleben Coal Corp. v. ParkerMississippi Supreme Court · 1932
- Hodges v. HickeyMississippi Supreme Court · 1890
- Shuford v. . CookSupreme Court of North Carolina · 1915
- Day v. OldMississippi Supreme Court · 1882
- Shuford v. . CookSupreme Court of North Carolina · 1915