Montgomery v. Goodbar & Co.
Mississippi Supreme Court
From the circuit court of Leflore county. ITon. K.. W. Williamson, Judge. The appellant, H. C. Montgomery, an insolvent merchant, executed a voluntary assignment for the benefit of his creditors, giving certain of them preferences. The assignment purported to convey to the assignee “ all the property of whatever kind or description ” owned by the assignor.
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From the circuit court of Leflore county. ITon. K.. W. Williamson, Judge. The appellant, H. C. Montgomery, an insolvent merchant, executed a voluntary assignment for the benefit of his creditors, giving certain of them preferences. The assignment purported to convey to the assignee “ all the property of whatever kind or description ” owned by the assignor. The appellees, Goodbar & Co., were creditors of Montgomery, and, immediately after the execution of the assignment, sued out an attachment against him, alleging, among other grounds, that he had assigned or disposed of his property with…
1Opinion of the CourtWoods, J.
While this case has been thoroughly and repeatedly examined, and every question raised carefully considered, we dispose of it upon one point only — a point which conclusively determines the controversy in its present aspect.
*336Confessedly, Montgomery, the assignor, reserved $ 100 of the estate, which, the deed of assignment purported to convey. That this avoids the deed is no longer open to dispute in this state. All contention on this point was finally put to rest in the case of Marks v. Bradley, ante, 1. Said Judge Cooper in that case, speaking for the court: “ It might be sufficient for the…
2Cited by2 opinions
- Allen v. Smith Bros.Mississippi Supreme Court · 1895
- Tishomingo Saving Institution v. AllenMississippi Supreme Court · 1898