Brooks ex rel. Nugent v. Shelton
Mississippi Supreme Court
Appeal from the Chancery Court of Rankin County. Hon. T. B. Graham, Chancellor. The property, having been purchased with the means of the .wife, is held by the husband as trustee for her use, and is not subject to his general creditors. 4 Kent Com. 835; 2 Story Eq. Jur. § 1201; MeOarroll v. Alexander, 48 Miss. 128; Runnels v. Jackson, 1 How.
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Appeal from the Chancery Court of Rankin County. Hon. T. B. Graham, Chancellor. The property, having been purchased with the means of the .wife, is held by the husband as trustee for her use, and is not subject to his general creditors. 4 Kent Com. 835; 2 Story Eq. Jur. § 1201; MeOarroll v. Alexander, 48 Miss. 128; Runnels v. Jackson, 1 How. (Miss.) 358 ; Gapers v. MeOaa, 41 Miss. 479; Butterfield v. Stanton, 44 Miss. 15; Burks v. hoggins, 39 Miss. 462; Gibson v. Foote, 40 Miss. 791; Gee v. Gee, 32 Miss. 190. cited Ground and Rudiments of Law and Equity, 75; 1 Story Eq. Jur. § 64 ; 10 Wall.…
1Opinion of the CourtChalmers, J.
Lucy H. Brooks filed her bill against her husband and sundry of his judgment creditors, for the purpose of enjoining a sale of his property under their judgments, and of establishing her own right to the property levied on.
*355George W. Brooks intermarried with the complainant in the State of Alabama in 1859. He was a man of little or no means, while she was a lady of wealth. In 1860 they removed to this State, and purchased a plantation in Rankin County, the title to which was taken in the husband’s name, though paid for with the wife’s means. Two other plantations, a storehouse at Pelahatchie…
2Cases cited2 opinions
- Kaufman v. WhitneyMississippi Supreme Court · 1874
- Butterfield v. StantonMississippi Supreme Court · 1870
3Cited by9 opinions
- Brabham v. BrabhamMississippi Supreme Court · 1955
- Bush v. BushMississippi Supreme Court · 1924
- Scott v. ParkerSupreme Court of Alabama · 1927
- Robinson v. PayneMississippi Supreme Court · 1881
- Moore v. MooreMississippi Supreme Court · 1896
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