J. E. Buckley & Son v. Dunn
Mississippi Supreme Court
Erom the circuit court of Clarke county. Hon. S. H. Terral, Judge. Appellee, J. C. Dunn, had a judgment against his son-in-law, George B. Oliphant, who had no property out of which the money could be made. Oliphant, desiring to engage in the business of getting out cross-ties for certain railroads, applied to J. E. Buckley & Son for advances to enable him to carry on the business.
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Erom the circuit court of Clarke county. Hon. S. H. Terral, Judge. Appellee, J. C. Dunn, had a judgment against his son-in-law, George B. Oliphant, who had no property out of which the money could be made. Oliphant, desiring to engage in the business of getting out cross-ties for certain railroads, applied to J. E. Buckley & Son for advances to enable him to carry on the business. Because of the judgment in favor of Dunn, they refused to enter into the desired arrangement with him, whereupon he suggested making the contract and conducting the business in the name of M. E. Oliphant, his wife,…
1Opinion of the CourtCooper, J.
Since the law undoubtedly is that creditors have no lien upon or light to the labor of their debtors, we are unable to perceive upon what principle the creditor can subject to his debt the product of that labor w'here, when it comes into existence, it is the property of another. The creditor cannot impute fraud to the transaction by which the debtor gives his labor to his wife, for the creditor has no legal or equitable right to that labor. If by his labor the debtor produces property which is his own, he may not give the property thus produced to the wife to prevent it being subjected to his…
2Cited by7 opinions
- Hall v. StateMississippi Supreme Court · 1964
- Pigott v. StateMississippi Supreme Court · 1914
- Cantey, Rec'r v. Summersett Co.Supreme Court of South Carolina · 1929
- Fidelity & Deposit Co. of Maryland v. LovellDistrict Court, S.D. Mississippi · 1952
- Reed v. StateMississippi Supreme Court · 1959
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