Citizens' Bank v. Buddig

Citations

• 65 Miss. 284

Syllabus

<p>1. Cbeditob’s Bill. Under l 1843, Code 1880. Fraudulent Conveyance. Allegation as to insolvency.</p> <p>Section 1843, Code of 1880, provides that the Chancery Court “shall have jurisdiction of bills exhibited by creditors who have not obtained judgments at law, or, having judgments, have not had executions returned unsatisfied, to set aside fraudulent conveyances of property, or other devices resorted to for the purpose of hindering, delaying or defrauding creditors; and may subject the property to the satisfaction of the demands of such creditors, as if complainant had a judgment and execution returned ‘no property found.’” A bill filed under this statute need not show that the defendant is insolvent, nor that the complainant cannot obtain satisfaction of his demand without resorting to the property sought to be subjected by his bill.</p> <p>2. Same. To defeat fraudulent conveyance. Sufficiency of under $ 1843, Code 1880. Case in judgment.</p> <p>A creditor's bill, filed under Section 1843, Code of 1880, alleges that complainants were before a certain date and are now creditors of C. & K.; that a certain mortgage executed by C. & K. to one B. was made to ’ hinder, delay and defraud creditors; that a decree of foreclosure of such ' mortgage was obtained in furtherance of such scheme. And the prayer 'of the bill is that execution of this decree be suspended until an ascertainment of the true slate of accounts between the parties can he had, a discovery of which is sought. Held, that such bill is good on demurrer.</p> <p>3. Same. Allegation of debt due. Case in point.</p> <p>And in such case an averment in the bill that complainants were before a certain date, and are now, creditors of the defendants, C. &' K., is sufficient to show a debt due, objection to such allegation not having been made in the court below, but only raised in argument here.</p>