Davis v. Lumpkin
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. Harrison P. Maxwell, who was in March, 1859, the owner of much valuable land, including the tract in controversy, and considered wealthy, was unable to pay a large judgment against him, and borrowed the money from Orlando Davis, to whom he gave his promissory note, which was renewed from time to time, adding the aecrued interest.
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Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. Harrison P. Maxwell, who was in March, 1859, the owner of much valuable land, including the tract in controversy, and considered wealthy, was unable to pay a large judgment against him, and borrowed the money from Orlando Davis, to whom he gave his promissory note, which was renewed from time to time, adding the aecrued interest. Davis sued on the last note, given on Oct. 4, 1861, and recovered a judgment against Maxwell, on Sept. 8, 1866, for over four thousand dollars. Mattie J. Maxwell, the daughter of Harrison P.…
1Opinion of the CourtCampbell, J.
The right of Mrs. Lumpkin must be determined with reference to the deed of April 17, 1866, by which the land was *524conveyed to her. The paper of June 12, 1862, had no effect, for want of delivery; and this “memorandum,” as it was called and treated by the parties, and the taking possession of the land, and every thing which preceded the execution of the deed of April 17, 1866, must go for nothing. The deed of April 17, 1866, was void as to the creditors of the grantor. It was voluntary, and the grantor was not in a pecuniary condition to make gifts. His liabilities far exceeded his assets. This…
2Cases cited8 opinions
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- McHenry v. La Société Française D'ÉpargnesSupreme Court of the United States · 1877
- Reed v. BullingtonMississippi Supreme Court · 1873
- Pulliam v. TaylorMississippi Supreme Court · 1874
- Crowe v. ReidSupreme Court of Alabama · 1876
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3Cited by1 opinion
- Day v. OldMississippi Supreme Court · 1882