Swan v. Smith
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. Isaac Smith filed a bill in chancery against James T. Swan, Mary S. Swan, his wife, and Pierre Becker & Son, to subject to a judgment held by the complainant against Swan certain land which it was alleged he had fraudulently conveyed to his wife.
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Appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. Isaac Smith filed a bill in chancery against James T. Swan, Mary S. Swan, his wife, and Pierre Becker & Son, to subject to a judgment held by the complainant against Swan certain land which it was alleged he had fraudulently conveyed to his wife. Upon appeal to this court (57 Miss. 548), the conveyance was declared to be fraudulent, and the court below was directed to ' have the land sold and the proceeds applied (1) to the reimbursement of Becker & Sou for an amount paid out by them in i’elieving the land of…
1Opinion of the CourtChalmers, C. J.
The commissioner, who was directed by a decree of court to make a sale of realty in the event of a failure upon the part of the defendant to pay the amount decreed to be due, advertised the property in the mode and manner required by law, but, being called out of the State before the day of sale, engaged the services of an auctioneer, by whom the sale was made at the time and place designated. The sale was in all respects fairly and legally conducted, and the property brought its full value, as was shown by the proof upon the motion to confirm. The commissioner ratified the act of the…
2Cases cited5 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
- Gillespie v. SmithIllinois Supreme Court · 1863
- Johns v. SergeantMississippi Supreme Court · 1871
- Swant v. SmithMississippi Supreme Court · 1880
3Cited by2 opinions
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
- Brewer v. BrowningMississippi Supreme Court · 1917