Hester v. Thomson
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. This case has once before been in this court, and as then presented is reported in 55 Miss. 656. No better statement of the case can be given, so far as it had then progressed, than that contained in the opinion of the court then reported, which statement was as follows : — “ On March 20, 1869, William Hester, being insolvent, and intending to prefer certain creditors, conveyed to L. K. Barber, by…
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. This case has once before been in this court, and as then presented is reported in 55 Miss. 656. No better statement of the case can be given, so far as it had then progressed, than that contained in the opinion of the court then reported, which statement was as follows : — “ On March 20, 1869, William Hester, being insolvent, and intending to prefer certain creditors, conveyed to L. K. Barber, by a conveyance absolute upon its face, and for the nominal consideration of $31,000, all the property of which he was…
1Opinion of the CourtCampbell, J.
In order to ascertain the amount due Mrs. Hester, it was proper to inquire how much she had received of what was due her from her husband; and although the bill contains no averment or prayer on which to base such accounting, it was rendered necessary by the course of the litigation resulting from the claim asserted by Mrs. Hester in her answer.
The rules by which courts of equity adjust the rights of parties in cases like this are variant, and seem to depend .on the peculiar circumstances of each case, the principle being that justice shall be done according to the view taken of the relative…
2Cases cited2 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- August Bernheim & Co. v. BeerMississippi Supreme Court · 1878
3Cited by2 opinions
- Hodges v. HickeyMississippi Supreme Court · 1890
- Uhler v. AdamsMississippi Supreme Court · 1895