Leach v. Shelby

Citations

• 58 Miss. 681

Syllabus

<p>1. Ohawcery Practice. Deposition. Objection by infant. First made in Supreme Court.</p> <p>This court will not reverse a decree against an infant on the ground that the deposition of a witness against him. was taken outside of this State, without any commission and ex parte, where the record shows that he had a guardian ad litem in the court below, and the objection was not there made.</p> <p>■2. Same. Decree without order to “set down” cause. Effect.</p> <p>Where a case in chancery has been “ set down ” for hearing, and heard, and a decree rendered, it is not a good ground of error on appeal to this court that the record fails to show any order to “ set down ” the cause.</p> <p>-3. Same. Bill to vacate fraudulent deed. Grantor as a party defendant.</p> <p>S., a judgment creditor of L., after having an execution issued on his judgment and returned nulla bona, filed a bill to set aside as fraudulent a certain conveyance of land by L., the judgment debtor, to his son J., and to subject the land to the payment of the complainants’ judgment. L. was made a party defendant to the bill. Held, that L. was not a necessary party to the suit. Taylor v. Webb, 54 Miss. 36, approved.</p> <p>-4. Same. Husband unnecessary party to suit. Wife as witness for his adversary.</p> <p>In the case above stated, L. answered the bill, denying that the conveyance was fraudulent, and asserting that it was made upon a valid consideration. The complainant took the deposition of L.’s wife, and her testimony tended to ■disprove the statements of his answer. Held, that although L. was not a necessary party to the suit, yet, having been by the bill made a defendant, his wife was not a competent witness for the complainant.</p> <p>5. Same. Fraudulent conveyance. Evidence of want of consideration. Rebutting evidence.</p> <p>Where a conveyance by a judgment debtor, which recites a valuable consideration, is assailed by the judgment creditor by a bill in chancery alleging that the deed was executed i