Butterfield v. Stanton
Mississippi Supreme Court
Error to the chancery court of Adams county. Smiley, J. Insisted that the plaintiff in error was entitled to have his debt satisfied out of the “Elms property,” under the .provision of the Revised Oode, 336, art. 24. Plaintiff in error testified that he did examine the record touching the title to the “Elms property,” and only gave credit when, and because, he had found that the title was.in David Stanton. This is his tin contradicted testimony.
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Error to the chancery court of Adams county. Smiley, J. Insisted that the plaintiff in error was entitled to have his debt satisfied out of the “Elms property,” under the .provision of the Revised Oode, 336, art. 24. Plaintiff in error testified that he did examine the record touching the title to the “Elms property,” and only gave credit when, and because, he had found that the title was.in David Stanton. This is his tin contradicted testimony. And he further swears he would have loaned the money but for the possession of that property by David Stanton. It is not required that the credit…
1Opinion of the Court
Tabbell, J.:
At the April term, 1867, of the chancery court of Adams county, Ralph Butterfield filed his bill of complaint against David Stanton, Anna E. Stanton, and Ann W. Winston, to set aside a conveyance, for fraud, made by the defendant, David Stanton, to defendant, Ann W. Winston, in trust for Anna E. Stanton, and to subject the property to the satisfaction of a judgment at law, recovered by the complainant against the defendants, David Stanton and Ann W. Winston.
The record discloses the following facts:
David Stanton, and Anna E. Winston, daughter of Geo. Winston, and Mrs. Ann W.…
2Cases cited11 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Hollingsworth Magniac v. ThompsonSupreme Court of the United States · 1833
- Ratcliffe v. DoughertyCourt of Appeals of Mississippi · 1852
- Kelly v. MillsMississippi Supreme Court · 1866
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3Cited by3 opinions
- Kaufman v. WhitneyMississippi Supreme Court · 1874
- Brooks ex rel. Nugent v. SheltonMississippi Supreme Court · 1877
- Friedlander v. JohnsonU.S. Circuit Court for the District of Southern Mississippi · 1875