Ladnier v. Ladnier

Citations

• 64 Miss. 368

Syllabus

<p>1. Judgment. Validity of. Sufficiency of justice of peace’s record.</p> <p>The entry of a suit on a justice of the peace’s docket showed the names of the plaintiff and defendant respectively, and that the suit was “assumpsit” for “ eighty-one dollars.” The summons informed the defendant of the amount of the demand, and that it was based on a promissory note given on a certain date. The judgment entered, after noting the appearance of the parties, recites that “ the court having satisfaction in the premises, it was* therefore ordered and considered by the court that the plaintiff recover of and from defendant the sum as claimed in the above case, together with all costs of this suit.” Held, that the record thus made shows a valid though informal judgment.</p> <p>2. Fraudulent Conveyance. Trial under § 1767, Code of 1880. Intent of grantor. Tona fide purchaser for value. Instruction.</p> <p>C., a judgment-creditor, after execution returned “ nulla bona,” sought to subject certain personal property to the payment of her judgment, suggesting by affidavit, under § 1767, Code of 1880, that E., the judgment-debtor’ had fraudulently transferred the same to S. to avoid payment thereof. E. and S. denied fraud, and S. claimed to he a bona fide purchaser for value, and presented evidence which tended to show a purchase for value and in good faith. On the trial the court instructed the jury that the only question to be determined was whether E. had fraudulently transferred the property to S. to avoid the payment of the judgment of C. Held, that this instruction was wrong in excluding from the consideration of the jury the question whether S. was a bona fide purchaser for value, for, if he was such, he was entitled to retain the property notwithstanding the fraudulent intent of C.</p> <p>3. Same. Practice. Instruction on the weight of evidence.</p> <p>The question being whether certain property has been fraudulently transferred to avoid the payment of a judgment, it is error,