Thomason v. Neeley

Citations

• 50 Miss. 310

Syllabus

<p>1. Eratjdtjlent Conveyances — Effect Thereof. — The statute condemns a fraudulent conveyance to be utterly null and void as to' creditors, and they have the same rights against the property embraced in the conveyance as though it never had been made; in effect, the debtor still owns the property, and the creditor may pursue his process for satisfaction as though the title were unembarrassed by the fraudulent deed.</p> <p>3. Chancery Practice— Cross Bill — Its Office. — A cross bill is a proceeding to procure a complete determination of a matter already in litigation. The party as against the complainant in the original bill, is not obliged to show any ground of equity to support the jurisdiction of the court. Story Eq. PL, § 339. The appearance of a defendant to a .cross bill is enforced in the same manner as to the original bill. 2 Daniels’ Ch. Pr., p. 1G52. The dismissal of the original bill, as a general rule, would carry with it the cross bill. Ladner et al., v. Ogden et al., 31 Miss., 340.</p> <p>3. Same — Waiver thereof. — If the defendant has neglected for several terms to take out process or prepare the case made in the cross bill, the same may be considered as abandoned, at the final hearing for such laches. It is appropriate as against a judgment creditor, who sues in equity to set aside a fraudulent conveyance, to claim in a cross bill that the homestead of the defendant debtor may be assigned by metes and bounds.</p>