Wynne, Love & Co. v. Mason
Mississippi Supreme Court
From the chancery court of Tunica county. Hon. W. E. Trigg, Chancellor. Appellants, Wynne, Love & Co. and' B. Lowenstein & Bros., judgment creditors of W. O. Mason and another, filed this bill to cancel as fraudulent a deed by W. 0. Mason to his wife of a certain plantation for life, and also two trust-deeds thereon, executed by Mason and wife, one to the Colonial & United States Mortgage Company, and the other to Mrs. B. T. Gray.
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From the chancery court of Tunica county. Hon. W. E. Trigg, Chancellor. Appellants, Wynne, Love & Co. and' B. Lowenstein & Bros., judgment creditors of W. O. Mason and another, filed this bill to cancel as fraudulent a deed by W. 0. Mason to his wife of a certain plantation for life, and also two trust-deeds thereon, executed by Mason and wife, one to the Colonial & United States Mortgage Company, and the other to Mrs. B. T. Gray. The bill sought to subject the land to complainant’s judgments. The attack upon the trust-deed in favor of the Colonial & United States Mortgage Company was…
1Opinion of the Court
J. B. Harris, Special J.,
delivered the opinion of the court.
1. As the attack on the mortgage to the Colonial Loan Company was formally abandoned in the court below, it will not be necessary to go further into that branch of the case.
2. As to the mortgage to Mrs. Gray, we think the finding of the chancellor on the facts should be sustained. There is no doubt that this mortgage was given to secure a bona fide debt. Mason and his wife had a perfect right to secure it by mortgaging the property. We think Mrs. Gray has sufficiently explained the statement made by her in her. cross-examination that…
2Cases cited8 opinions
- Staton v. BryantMississippi Supreme Court · 1877
- Hays v. BoyerIndiana Supreme Court · 1877
- Markham v. O'ConnorSupreme Court of Georgia · 1874
- Williams v. Bank of CommerceMississippi Supreme Court · 1894
- Kirksey v. SnedecorSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mims v. SwindleMississippi Supreme Court · 1920
- Nixon v. NixonSupreme Court of North Carolina · 1963
- Sawyer v. MettersWisconsin Supreme Court · 1907
- Cusimano v. SpencerMississippi Supreme Court · 1943