Day v. Old
Mississippi Supreme Court
J. E. Old was the owner of a decree of tbe Chancery Oonrt of Tunica county against W. P. O. Lyon and wife for $225, and he asigned this decree to his daughter, Mrs. Julia J. Lyon. Appellants, Day and Proudfit, who were creditors of J. E. Old, filed the bill in this case against J. E. Old and Mrs. Lyon to set aside this assignment and to subject the decree to the payment of their debt, alleging that the assignment was voluntary and void as to them.
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J. E. Old was the owner of a decree of tbe Chancery Oonrt of Tunica county against W. P. O. Lyon and wife for $225, and he asigned this decree to his daughter, Mrs. Julia J. Lyon. Appellants, Day and Proudfit, who were creditors of J. E. Old, filed the bill in this case against J. E. Old and Mrs. Lyon to set aside this assignment and to subject the decree to the payment of their debt, alleging that the assignment was voluntary and void as to them. The defendants answered, admitting the indebtedness of J. E. Old to complainants and the assignment of the decree to Mrs. Lyon, but denied that the…
1Opinion of the Court
Opinion.
2Per curiam
We have diligently searched this record and failed to find that Mrs. Lyons had any legal claim on Mr. Old for her services, for which it is claimed that he paid her by the transfer of the decree which is the subject of this suit. She was, therefore, a voluntary assignee of the decree, and is not entitled to hold it against the creditors of Mr. Old.
Decree reversed and cause remanded for a decree in favor of the appellants.
A voluntary conveyance is prima facie void as to existing creditors, and the party claiming under it must rebut this presumption by clear and satisfactory proof. It…
3Cases cited13 opinions
- Hilliard v. CagleMississippi Supreme Court · 1872
- Edmunds v. MisterMississippi Supreme Court · 1881
- McAllister v. HoneaMississippi Supreme Court · 1893
- Ames v. DorrohMississippi Supreme Court · 1898
- Catchings v. ManloveMississippi Supreme Court · 1861
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