Legal Opinion

H. Apple & Co. v. Ganong

Mississippi Supreme Court

Decided October 15, 1872PublishedCited by 5 opinions

Appeal from the chancery court of Coahoma county. Trimble, Chancellor. Louisa Ganong, wife of L. J. Ganong, filed a bill in the chancery court of Coahoma county, in which is charged the following grounds of relief against H. Apple & Co., H. P. Reid, usee, etc., defendants: That on the 4th of October, 1868, in the circuit court of Coahoma county, H. P. Reed, usee, of Garner, administrater of the estate of Wesse, deceased, obtained judgment for $1,645.40 against L. M. Ganong;…

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Appeal from the chancery court of Coahoma county. Trimble, Chancellor. Louisa Ganong, wife of L. J. Ganong, filed a bill in the chancery court of Coahoma county, in which is charged the following grounds of relief against H. Apple & Co., H. P. Reid, usee, etc., defendants: That on the 4th of October, 1868, in the circuit court of Coahoma county, H. P. Reed, usee, of Garner, administrater of the estate of Wesse, deceased, obtained judgment for $1,645.40 against L. M. Ganong; and on the 24th of February, following, Apple & Co. obtained judgment against Ganong for $264.94. Executions were issued…

1Opinion of the Court

Simball, J.:

The chancellor came to the conclusion upon the testimony that the conveyance of the lands in controversy to Mrs. Ganong, was bona fide, and not in fraud of the creditors of the husband. In those cases where the decision of the chancery court turns upon controverted facts, the tenor of the decisions in this court is, that his judgment is analogous to the verdict of the jury, and his decision must be shown to be erroneous, by being opposed to the weight or preponderance of the testimony. If, however, there be no conflict in the testimony, and no dispute as to the facts in evidence,…

2Cases cited3 opinions

  1. Garrison v. FisherMississippi Supreme Court · 1853
  2. Lowery v. CraigMississippi Supreme Court · 1855
  3. Mangum v. FinucaneMississippi Supreme Court · 1860

3Cited by5 opinions

  1. Phichard v. EvansWest Virginia Supreme Court · 1888
  2. Bailey v. GardnerWest Virginia Supreme Court · 1888
  3. Frederick v. FrederickWest Virginia Supreme Court · 1888
  4. Dempster Mill Manufacturing Co. v. BundySupreme Court of Kansas · 1902
  5. Bowden v. GrayMississippi Supreme Court · 1873

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