Belknap v. Lyell
Mississippi Supreme Court
From the chancery court of Lincoln county. IIon. Robert B. Mayes, Chancellor. Lyell, trustee in bankruptcy, the appellee, was complainant in the court below; Belknap and others, the appellants, doing business as Belknap & Company, were defendants there. From a decree in favor of the complainant the defendants appealed to the supreme court.
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From the chancery court of Lincoln county. IIon. Robert B. Mayes, Chancellor. Lyell, trustee in bankruptcy, the appellee, was complainant in the court below; Belknap and others, the appellants, doing business as Belknap & Company, were defendants there. From a decree in favor of the complainant the defendants appealed to the supreme court. On July 17, 1901, D. T. Bryant, a merchant, being indebted to W. B. Belknap & Company, executed his promissory note to said company, due January 1, 1903, for $1,744, and to secure the payment of the note and any further advances to be made he executed a…
1Opinion of the CourtWhitfield, C. J.
The trust deed executed by Bryant on July 1Y, 1901, to secure a promissory note for $1,Y44, due January 1, 1903, was absolutely null and void under repeated decisions of this court. The bill of sale by Bryant to P. Z. Jones, trustee, to pay Belknap & Company, was executed within four months of the petition by Bryant to have himself declared a bankrupt. Contemporaneously with the execution of this bill of sale Belknap & Company executed a writing whereby they agreed “to realize the best prices obtainable for the said property, and not to sacrifice it, or sell it at an unreasonably low or…
2Cases cited3 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Western Tie & Timber Co. v. BrownCourt of Appeals for the Eighth Circuit · 1904
- Baldwin v. FlashMississippi Supreme Court · 1881
3Cited by8 opinions
- McNeal v. Administrator of Estate of McNealMississippi Supreme Court · 1971
- Favre v. MEDDERSMississippi Supreme Court · 1961
- DURHAM, a MINOR, ETC. v. DurhamMississippi Supreme Court · 1956
- Kelly v. KellySupreme Court of South Carolina · 1930
- Rayburn v. MooreMississippi Supreme Court · 1970
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