L. M. Wiley & Co. v. Gray
Mississippi Supreme Court
Appeal from the Vice-Chancery Court at Macon. Hon. James E. Trotter, vice-chancellor. The pleadings and evidence are fully set out in the opinion of the court. Contended for the following propositions: 1st. If said deed was voluntary, as charged in this bill, it is void as to existing creditors. Read v. Livingston, 3 Johns. Chan. R. 481 — 500; Threewits v. Threewits, 4 Desaus. R. 560; Atherly on Marr. Set. 92 ; top page (7 Law Lib.). 2d.
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Appeal from the Vice-Chancery Court at Macon. Hon. James E. Trotter, vice-chancellor. The pleadings and evidence are fully set out in the opinion of the court. Contended for the following propositions: 1st. If said deed was voluntary, as charged in this bill, it is void as to existing creditors. Read v. Livingston, 3 Johns. Chan. R. 481 — 500; Threewits v. Threewits, 4 Desaus. R. 560; Atherly on Marr. Set. 92 ; top page (7 Law Lib.). 2d. “ That the recital in the deed, is evidence against all persons claiming under the deed, but not evidence against creditors, without other distinct proof;…
1Opinion of the CourtSmith, C. J.
This suit was brought in the Vice-Chancery Court at Macon, to set aside a conveyance, for fraud, and to subject the property to the satisfaction of a judgment at law, recovered by the complainants against the defendant Gray.
The bill charged that the defendant Gray, in the year 1850, was indebted to the complainants in a large sum of money, for which they brought suit, and recovered judgment on the 13th of October, 1852, for $1149 60, upon which execution issued, and was returned nulla bona ; that said defendant was utterly insolvent, and that nothing could be made out of him. That defendant…
2Cited by5 opinions
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