Legal Opinion

Stone v. Montgomery

Mississippi Supreme Court

Decided April 15, 1858PublishedCited by 26 opinions

Appeal from the District Chancei’y Court at Mississippi City. Hon. B. C. Buckley, vice-chancellor. The appellees filed tlieir bill in the court below against H. L. Stone and Jno. A. Roberts, for the purpose of procuring a perpetual injunction against a sale of certain real estate and a slave, conveyed by the complainant, Mrs. Montgomery, to Roberts as trustee, to secure certain debts due to H. L. Stone.

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Appeal from the District Chancei’y Court at Mississippi City. Hon. B. C. Buckley, vice-chancellor. The appellees filed tlieir bill in the court below against H. L. Stone and Jno. A. Roberts, for the purpose of procuring a perpetual injunction against a sale of certain real estate and a slave, conveyed by the complainant, Mrs. Montgomery, to Roberts as trustee, to secure certain debts due to H. L. Stone. The bill alleges that the property conveyed was the separate estate of Mrs. Montgomery, held under the laws of this State, and that previous to the 23d of April, 1852 (the date of the deed in.…

1Opinion of the CourtITandt, J.

The bill in this case was filled by the appellees, to enjoin a sale of certain real estate and a slave, the sole and separate property of Allison Montgomery, the wife of Robert H. Montgomery, and which was embraced in a deed in trust, purporting to be executed by her and her husband, to secure certain debts due upon promissory notes executed by them to the appellant Stone. The object of the bill was also to have the trust deed set aside, and declared inoperative and void, as to the property embraced in it belonging to the wife.

The grounds of objection to the deed stated in the original bill,…

2Cases cited2 opinions

  1. Armstrong v. StovallMississippi Supreme Court · 1853
  2. Sessions v. BaconMississippi Supreme Court · 1852

3Cited by26 opinions

  1. Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
  2. Stone v. SledgeTexas Supreme Court · 1894
  3. Pickens v. KniselyWest Virginia Supreme Court · 1886
  4. Johnston ex rel. Smith v. WallaceMississippi Supreme Court · 1876
  5. Thomas v. HalsellSupreme Court of Oklahoma · 1917

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