Montgomery v. Goodbar & Co.

Citations

• 69 Miss. 333

Syllabus

<p>1. Voluntary Assignment por Creditors. Fraud. Beservation, of benefit.</p> <p>A general voluntary assignment by an insolvent debtor will be fraudulent and void as to creditors, if the assignor reserves of the assets one hundred dollars for his own benefit; and this, although the assets assigned are of great value, and the sum withheld by the assignor was to meet pressing family necessities.</p> <p>2. Attachment. Practice,. Form of judgment. Gkeimant’s issue.</p> <p>If an attachment issue be found for plaintiff, it is not improper to enter judgment, in the usual form, condemning the attached property to the payment of the debt found to be due to plaintiff, although a claimant’s issue is pending; but, in such case, the judgment will not be executed until the claimant’s issue is disposed of.</p>