August Bernheim & Co. v. Beer
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. Gr. Peyton, Chancellor. In April, 1876, C. & P. Beer were indebted to August Bernheim &Co. in the sum of $565.65. Subsequently, Josephine Beer became the wife of C. Beer, and he, with his own means, or that of his firm, purchased a town lot, and caused the title thereto to be conveyed to her.
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Appeal from the Chancery Court of Hinds County. Hon. E. Gr. Peyton, Chancellor. In April, 1876, C. & P. Beer were indebted to August Bernheim &Co. in the sum of $565.65. Subsequently, Josephine Beer became the wife of C. Beer, and he, with his own means, or that of his firm, purchased a town lot, and caused the title thereto to be conveyed to her. She procured from the Planters’ Insurance Company of Mississippi a policy of insurance on the building situated upon this lot; and in December, 1877, the building was destroyed by fire. The loss on the policy being adjusted, the insurance company…
1Opinion of the CourtSiMRALL, C. J.
The complainants, the creditors of C. & P. Beer, predicate their equity on the fund sought to be subjected to their debt, on the fact that C. Beer invested his money, or that of the partnership, in the purchase of the lot and the erection of the dwelling-house thereon, and had the conveyance made to his wife, with the intent to defraud his creditors. The principle of the court of equity is, that a provision for the wife, contrived to conceal the means of the husband from his creditors by placing the ostensible title in her, though not ■within the Statute of Frauds, is void as to creditors, by…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Edmonson v. MeachamMississippi Supreme Court · 1874
- Carlisle v. TindallMississippi Supreme Court · 1873
3Cited by13 opinions
- McLean v. HessIndiana Supreme Court · 1886
- King v. KingMississippi Supreme Court · 1932
- Steinmeyer v. SteinmeyerSupreme Court of South Carolina · 1902
- Forrester v. GillColorado Court of Appeals · 1898
- Brown City Savings Bank v. WindsorCourt of Appeals for the Sixth Circuit · 1912
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