Barwick v. I. Moyse & Sons

Citations

• 74 Miss. 415

Syllabus

<p>1. Mortgage. Foreohmv/re. Defense.</p> <p>In a suit to foreclose a mortgage, if the mortgagee makes out a ■prima facie case not disclosing fraud, the mortgagor cannot successfully defend by showing' that the deed was executed to defraud his creditors, and that the mortg-agee was a party to the fraud.</p> <p>2. Kraudui.ent Conveyance Good between parties.</p> <p>Though a mortgage be executed with intent to defraud the creditors of the mortgag-or, it is nevertheless good between the parties.</p>