McCoy v. J. I. Case Threshing Machine Co.

Citations

• 112 Miss. 7
• 72 So. 784

Syllabus

<p>1. FRAUDULENT Conveyances. Bills to subject property. Action at law ■ on debt. Parties to action. Joinder. Misjoinder. Equity. Necessary parties. Prior lien holders. Pleading. Allegations of fraud.</p> <p>Although plaintiffs had commenced proceedings at law for the recovery of the debt, which is the foundation of their bill in equity, this did not preclude them from prosecuting, at the same time, with the action at law, a bill in equity to subject property fraudulently conveyed by the defendants.</p> <p>2. Fraudulent Conveyances. Misjoinder of party defendants. Equity.</p> <p>When a bill in equity neither states a cause of action against, nor seeks any relief from, one of the defendants, such defendant is improperly joined as a defendant, but such misjoinder' should not result in the dismissal of the bill as to any other of the defendants.</p> <p>3. Fraudulent Conveyance. Necessary parties defendant. Prior lien-holders.</p> <p>Where a bill in equity sought to subject property fraudulently conveyed, it was not necessary that the holders of liens placed on the property involved prior to the execution of the alleged fraudulent conveyances, should be made parties defendant, where such liens were not attacked.</p> <p>4. Fbaudulent CONVEYANCES. Pleading. Allegations of -fraud.</p> <p>Where a bill in equity charged that the deeds sought to be can-celled, other than the one to a named lumber company were executed without any consideration having been paid therefor by the grantees therein, for the purpose on the part of both the grantors and grantees of hindering, delaying and defrauding the complainant in the collection of its debt, which fact was known to such lumber company when it afterwards purchased the land from the alleged fraudulent grantees, the said lumber company thereby intending to aid in placing the lands still further beyond the reach of the debtor’s creditors, such allegations of fraud were sufficient to call for an answer.</p>