Richardson v. Marqueze
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. 1. The grant is not rendered void by the exception which refers for certainty to the exemption laws that define the property and describe the only mode of its allotment. Delay of identity, which is the effect of the statute, is not fraudulent.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. 1. The grant is not rendered void by the exception which refers for certainty to the exemption laws that define the property and describe the only mode of its allotment. Delay of identity, which is the effect of the statute, is not fraudulent. Dow v. Plainer, 16 N. Y. 562. If an exemption were excepted by' specific description and other property were allotted, the exception would go to general creditors, and the exemption right would be lost, or enforced on the property conveyed. Authorities sustain this reasoning.…
1Opinion of the CourtChalmeks, C. J.
On the 8th of March, 1881, T. E. Richardson, an insolvent merchant in the city of Jackson, made an assignment of all his property of every character and description, except so much of it as was by law exempt from execution, for the benefit of his creditors ; dividing the creditors into four classes, and directing that these classes should be paid in the order of their numerical priority; thus giving preferences among them, the effect of which might be, and probably was, that those belonging to the fourth and most numerous class would receive nothing. The *89assignee took possession, and was…
2Cases cited7 opinions
- Smith v. MitchellMichigan Supreme Court · 1863
- Hollister v. LoudMichigan Supreme Court · 1852
- Harman v. HoskinsMississippi Supreme Court · 1878
- Brooks v. NicholsMichigan Supreme Court · 1868
- Farquharson v. McDonaldTennessee Supreme Court · 1871
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3Cited by14 opinions
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- The Texas Co. v. Newton Naval S. Co.Mississippi Supreme Court · 1955
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- Cribben v. EllisWisconsin Supreme Court · 1887
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