Baldwin v. Little
Mississippi Supreme Court
Appeal from the Chancery Court of Rankin County. Hon. T. B. Gbaham, Chancellor. In March, 1879, J. W. Hudnall & Co., a mercantile firm,, executed a deed of trust in favor of one Cyrus Bussey, of Hew Orleans, on certain lands in Rankin County, and also on their stock of merchandise then on hand or thereafter to be acquired in the course of business.
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Appeal from the Chancery Court of Rankin County. Hon. T. B. Gbaham, Chancellor. In March, 1879, J. W. Hudnall & Co., a mercantile firm,, executed a deed of trust in favor of one Cyrus Bussey, of Hew Orleans, on certain lands in Rankin County, and also on their stock of merchandise then on hand or thereafter to be acquired in the course of business. The part of the deed of trust necessary to be considered here consists of a conveyance to a trustee of the lands now in controversy, “together with all the improvements, privileges, and appurtenances to all said lands belonging, or in any wise…
1Opinion of the CourtCampbell, J.
The deed of trust does not in express terms provide for the continuance in business of the grantors selling and replenishing stock in the usual course of dealing, and therefore is not void on its face. It is true that the evidence shows such a course of dealing under the instrument as to make it fraudulent in fact as to creditors, but the right of the appellee is to be determined by the deed of trust. He stands on that as the foundation of his title, and is not implicated in the fraudulent conduct of the grantors in the deed after it was executed. As he is unaffected by their subsequent…
2Cited by4 opinions
- Newton Oil & Manufacturing Co. v. CarrMississippi Supreme Court · 1910
- Dugan v. BeckettCourt of Appeals for the Fifth Circuit · 1904
- Coffeeville Bank v. StoneMississippi Supreme Court · 1928
- In re BurrowsDistrict Court, D. Indiana · 1877