Henry v. Fullerton

Citations

• 21 Miss. 631

Syllabus

<p>Lands under mortgage are not subject to sale under execution against the mortgagor, on judgments junior to the date of the mortgage; and.it is incumbent on the purchaser at such a sale, who claims, title thereunder, to show affirmatively that the mortgage has been extinguished.</p> <p>In this case, one of the questions presented, was, as to the validity of a sale by one to his brother, and a conveyance by the latter to the wife of the former; the court review the facts, and reach the conclusion, that the sales were fraudulent, and made to enable the first vendor to evade the payment of his debts, and retain his property in his wife’s name.</p> <p>Voluntary conveyances are not necessarily void as to subsequent creditors; the presumption of fraud arising from indebtedness, or fraud in law, may be repelled by circumstances tending to show the absence of actual fraud ; but if a subsequent creditor can show fraud in fact, by showing that the conveyance was made to avoid future debts about to be contracted, or to defraud existing creditors, the conveyance is void, not only as to present, but as to subsequent creditors also; and will be declared so at the instance of such subsequent creditor.</p>