Donoghue v. Shull
Mississippi Supreme Court
From the chancery court of Lowndes county. Non. James F. MoCool, Chancellor. Mrs. Shull, the appellee, was complainant, and Donoghue and others, appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the supreme court.
Read the full summary
From the chancery court of Lowndes county. Non. James F. MoCool, Chancellor. Mrs. Shull, the appellee, was complainant, and Donoghue and others, appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the supreme court. Complainant charged that in the summer of 1892 her husband, J. G. Shull, and Joseph Donoghue, one of the appellants, entered into a contract to build a steamboat, to be paid for by them and owned by them as partners, one-third to be paid for and owned by J. G. Shull and two-thirds to be paid for and owned by Donoghue, the…
1Opinion of the CourtTruly, J.
The chancellor found that a valid debt was due and owing by J. Gr. Shull to Mrs. Shull, his wife, and that 'the transfer of the interest of the husband in the steamboat City of Columbus was in satisfaction of that indebtedness. Accepting this firirHng of fact as true, the transfer, which was evidenced by writing, duly acknowledged and recorded as required by § 2294, Code 1892, was not invalidated or rendered fraudulent because of suits threatened or pending against the husband. Savage v. Dowd 54 Miss., 732; Graham v. Morgan 83 Miss., 601 (35 South. Rep., 874). Appellant cannot be heard now to…
2Cases cited1 opinion
- Graham v. MorganMississippi Supreme Court · 1903