Perry-Mason Shoe Co. v. Sykes

Citations

• 72 Miss. 390

Syllabus

<p>1. GENERAL Assignment. Receivership. Replevying goods. Practice. Decree.</p> <p>Where, after a g-eneral assignment, the seller of goods, seeking to reclaim them as having been fraudulently purchased by the assignor, is permitted by the court administering- the trust to take the g-oods upon executing a forthcoming- bond, and, on a cross petition of creditors, the court holds the assignment void, it is proper to award cross petitioners a decree against such seller and his sureties for the return of the goods, or, in the alternative, a personal decree for their value.</p> <p>2. Same. Expenses. Counsel fees of receiver. When allowed. Code 1892, §583.</p> <p>Section 583, code 1892, providing- for compensation to receivers for necessary expenses, refers only to such as are incurred in benefiting- or preserving- the estate. Hence, the assig-nee in a g-eneral assignment, acting- as receiver, should be allowed counsel fees incurred in successfully defending the assignment or preserving- the assig-ned property, but not fees incurred in an unsuccessful defense of the assignment against creditors on whose petition it is set aside as fraudulent. This is so, whether the assignment be held void for actual fraud or for merely failing to comply with the statutory requirements. Kelly v. Damis, 37 Miss., 76, cited.</p> <p>3. Same. Attach upon assignment. Duty of assignee. Indemnity.</p> <p>The assig-nee-receiver is under no leg-al duty to defend, at his own expense, an assignment when attacked, but' he should give notice to tlie creditors interested to defend or secure from them indemnity ag-ainst expenses necessary in the defense.</p> <p>4. Same. Attorneys for receiver representing preferred creditors.</p> <p>Where a g-eneral assig-nment is attacked as fraudulent, there is no impropriety in counsel for the receiver also representing- creditors who are preferred in the assignment and seeking- to uphold it.</p> <p>5. Same. Compensation of receiver.</p> <p>The assignee in a general a