Hamilton v. Mississippi College

Citations

• 52 Miss. 65

Syllabus

<p>Chancery Practice : Voluntary conveyances. Insolvent estates.</p> <p>~W., who was insolvent, conveyed, fraudulently, certain real estate to Mrs. H. He died in 1872, and his estate was declared insolvent. A bill was filed by creditors who had probated their claims, as required by the statute, but had no liens to subject the property fraudulently conveyed to their claims. Held, that while courts of equity will not assist a creditor to the satisfaction of his debt out of property fraudulently conveyed by his debtor, until he has exhausted his remedy at law, yet creditors of an insolvent estate, who have probated their claims, being, in effect, prohibited from suing the executor or administrator of an insolvent estate, may resort, in the first instance, to a court of equity to subject to the payment of their claims property fraudulently conveyed by the debtor, as a court of law is inadequate by its powers to do so.</p>