Toof v. Miller

Citations

• 73 Miss. 756

Syllabus

<p>Attachment. GonjIAct of laws. Void preference. Insolvent law of another state. Laws of Tennessee, 1895, p. 285.</p> <p>A sale made in Tennessee of personal property situated in this state, in consideration of the assumption and payment of certain debts of the vendor, accompanied by actual delivery of the property, is valid under the laws of this state, and the property is not subject to attachment by the creditors of the vendor, though the vendor is insolvent, and both he and the vendee reside in Tennessee, and the transfer operates as a preference, for, while the sale may be ■ void in Tennessee under the act of that state of May 11, 1895, in relation to such preferences, that act, considered with reference to the prior act of April 2, 1881, on the same subject, as interpreted by the courts of Tennessee, is seen to be an insolvent law, having no extraterritorial operation, under which the proceeds of the property would be distributed pro rata among all the creditors of the vendor.</p>