McCrory v. Donald

Citations

• 119 Miss. 256
• 80 So. 643

Syllabus

<p>1. Judgment. Foreign adjudication. Matter concluded.</p> <p>Where a husband conveyed his lands to his wife at the same time, both in this state and the state of Alabama, the fact that the Alabama courts refused to set aside the conveyance as to lands in that state as a fraud upon his creditors, was not binding upon the courts of this state in a similar suit as to the lands in this state, the subject-matter and the law being different.</p> <p>2. Fkaudulent Conveyances. Evidence. Sufficiency.</p> <p>In a suit to set aside a conveyance by a debtor to his wife as a fraud upon his creditors, the fact that he remained in possession of the property, exercised ownership, made representations that he was the owner and concealed, such conveyance from his creditors by not recording his deed, was sufficient to justify a finding by the chancellor that he intended to defraud his creditors.</p> <p>3. BANKRUPTCY. Suit to set aside fraudulent conveyances. Intervention.</p> <p>Where after a suit was brought against a debtor to set aside a conveyance made by him to his wife, as a fraud upon his creditors, he went into bankruptcy, it was proper for the court to permit the trustee in bankruptcy to intervene on behalf of all the creditors of the bankrupt, to the end that such creditors should get' a fair proportion of the assets of the bankrupt.</p> <p>4. Fraudulent Conveyances. 'Subsisting indebtedness.</p> <p>Since sections. 2522 of the Code of 1906 (Hemingway’s Code, section 2056), expressly require a conveyance between the husband and wife to be recorded before it shall take effect, so far as any third party is concerned, a setting aside of a conveyance from a husband to his wife as fraudulent was not erroneous merely because when the conveyance was made the husband was not shown to have been indebted, where it is shown that he was indebted before such conveyance was recorded.</p> <p>5. Bankruptcy. Suits to set aside fraudulent conveyances. Determination of amount due creditors.</