Legal Opinion

Trenholm v. Klinker

Mississippi Supreme Court

Decided October 15, 1914Published

Appeal from the chancery court of Hinds- county. Hon. P. Z. Jones, Chancellor. Suit by E. L. Trenholm, trustee in bankruptcy of C. E. Klinker and others. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Hinds- county. Hon. P. Z. Jones, Chancellor. Suit by E. L. Trenholm, trustee in bankruptcy of C. E. Klinker and others. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court. Our contention that Mrs. Mary Tanner holds the property in trust for the creditors of’ Klinker, and to allow her to collect and hold this money is to allow her, as trustee, to receive and use for her own benefit this part of the trust property which accrues to her from the corpus of the property, and we contend that…

1Opinion of the CourtCook, J.

The original bill in this case was filed by E. L. Trenholm, trustee in bankruptcy, for the purpose of having the court set aside certain conveyances of real estate made by the bankrupt, C. E. Klinker, to his sister, Mrs. Tanner, and tó L. M. McLaurin. It is alleged that Klinker, before he was adjudicated a bankrupt, conveyed this property to the parties named, “without consideration, and for the purpose of defrauding his creditors.” The defendants answered this bill with a general denial. The original bill was filed October 29, 1912, and the answers thereto were filed December 5,1912. The…

2Cases cited4 opinions

  1. August Bernheim & Co. v. BeerMississippi Supreme Court · 1878
  2. Carlisle v. TindallMississippi Supreme Court · 1873
  3. Simmons v. IngramMississippi Supreme Court · 1883
  4. Smith v. RatcliffMississippi Supreme Court · 1889

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