Johnston, Tallman & Co. v. Tuttle Bro's
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. On January 2, 1888, Tuttle Bros., a firm engaged in the business of confectioners, executed a deed of trust on certain real estate and on their stock of goods, being used by them in their business, in favor of one Benoist, trustee, to secure a note then executed in favor of Eltringham.
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Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. On January 2, 1888, Tuttle Bros., a firm engaged in the business of confectioners, executed a deed of trust on certain real estate and on their stock of goods, being used by them in their business, in favor of one Benoist, trustee, to secure a note then executed in favor of Eltringham. On January 21, 1888, Johnston, Tallman & Co. sued out an attachment against Tuttle Bros., and caused the same to be levied on the stock of goods covered by the trust deed, on the grounds that the latter had disposed of their property with…
1Opinion of the CourtArnold, C. J.
The instructions for appellees were not applicable to the case made by the evidence and should not have been given. Whether fraud was intended or not, the course of dealing under the deed of trust was such as to render it fraudulent as to creditors, and a ground for attachment. The legal 'effect of the arrangement disclosed by the record, was to hinder, delay and defraud creditors, and the law imputes to it conclusively a fraudulent purpose, without regard to the actual motives of the parties. And it is immaterial whether the agreement or understanding by which the grantors retained…
2Cases cited1 opinion
- Harman v. HoskinsMississippi Supreme Court · 1878
3Cited by4 opinions
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Newton Oil & Manufacturing Co. v. CarrMississippi Supreme Court · 1910
- Coffeeville Bank v. StoneMississippi Supreme Court · 1928
- Winchester-Simmons Co. v. PhillipsCourt of Appeals for the Fifth Circuit · 1926