Levy v. Royston

Citations

• 84 Miss. 15

Syllabus

<p>1. Fraudulent Conveyance. Void description. Equity between grantor and grantee. Creditor’s right. Cancellation.</p> <p>A creditor’s bill to set aside a fraudulent conveyance made by his debtor should not be dismissed, or relief narrowed, because the land is so defectively described in the deed as to render it void upon its face, since such a deed creates in the grantee as against the grantor an equity in the land intended to be conveyed which the creditor is entitled to have cancelled.</p> <p>2. Same. Second deed. Procedure. Right to assail.</p> <p>Where, in a creditor’s suit to cancel for fraud a deed made by his debtor, the court after hearing the cause announced its conclusion that the deed was void because of a defective description of the land, and, before final decree entered, the debtor executed a second deed perfecting the description, the cause should, on complainant’s application, be remanded to the rules and complainant allowed to file a supplemental bill assailing the second deed.</p>