Trimble v. Turner

Citations

• 21 Miss. 348

Syllabus

<p>The law requires a man to devote the whole of his property, with some trivial exceptions, fairly to the payment of his debts; it will not tolerate any subterfuge or device which is intended to divert it from that purpose. The form of the contract or transaction gives it no validity when good faith, which is necessary to the obligation of all contracts, is absent. A. sale under execution confers no exemption from this principle in behalf of those who participate in such device.</p> <p>Where a sale under execution íb.so conducted by collusion between the plaintiff and the purchaser of the property levied on, as to cover the title to a much larger amount of property sold under the execution than is necessary to satisfy it, for the benefit of the family of the defendant in the execution, it will be fraudulent; and no feeling of sympathy or benevolence of motive on the part of those engaged in the transaction can redeem it from the condemnation of the law.</p> <p>It was agreed between a judgment creditor and a third party, that the latter might purchase, under a sale upon his execution against his judgment debtor, certain slaves of the debtor, which had- been levied on, and, instead of paying cash for them, as were the terms of the sale, might have a credit which was agreed on ; the purchaser bought for the benefit of the judgment debtor, through whose active exertions on the day of sale, in preventing bidders, the property levied on brought less than its value, and who expected, out of his crop then in the ground,, and a sale of part of the property, to meet the price the purchaser was to pay at its maturity; the sale took place nominally for cash, but really on this credit, at a season when money is always most scarce ; and the property, after the sale, remained with the judgment debtor, who paid the price bid when due : Held, that this sale was fraudulent as to creditors, and the property purchased subject to the other debts of the judgment debtor.</p> <p>Where a d