Surget v. Boyd
Mississippi Supreme Court
Appeal from the Chancery Court of Claiborne County. Hon. Thomas Y. Berry, Chancellor. By setting the case for hearing, on bill and answers, without proof, the complainant admitted the truth of matters in denial of the charges of fraud, so far as such matters are responsive to the bill, and are not disproved by the exhibits. The bill does not allege that the debts secured are fictitious. The deed of trust, in this case, is not fraudulent on its face.
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Appeal from the Chancery Court of Claiborne County. Hon. Thomas Y. Berry, Chancellor. By setting the case for hearing, on bill and answers, without proof, the complainant admitted the truth of matters in denial of the charges of fraud, so far as such matters are responsive to the bill, and are not disproved by the exhibits. The bill does not allege that the debts secured are fictitious. The deed of trust, in this case, is not fraudulent on its face. Sar-man v. Hoslcins, 56 Miss. 142. A debtor can prefer a creditor, if the preference is not fraudulent. Mangum v. Mnucane, 38 Miss. 354. The time…
1Opinion of the CourtChalmers, J.
The trust-deed which is attacked as fraudulent in this case was executed by the grantors to secure pre-existing debts due their kinsfolk and intimate friends, and at a time when a heavy suit was pending against themselves, which was just about to ripen into a judgment. These facts, it is insisted, make it necessarily fraudulent in law, even though no fraud in fact was intended, and though the sole intent of the grantors was to give a preference among creditors. The counsel for the appellee concedes that the law would be otherwise if there had been an absolute transfer of property in…
2Cases cited2 opinions
- Perkins v. SwankMississippi Supreme Court · 1871
- Pope v. PopeMississippi Supreme Court · 1866
3Cited by5 opinions
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- Craft v. BloomMississippi Supreme Court · 1881
- Harris v. LombardMississippi Supreme Court · 1882
- Virden v. DwyerMississippi Supreme Court · 1901
- Gulledge v. Slayden-Kirksey Woolen MillsMississippi Supreme Court · 1897