Tuteur v. E. H. Chase & Co.

Citations

• 66 Miss. 476

Syllabus

<p>1. Notice. Suspicion not equivalent to notice.</p> <p>Suspicion is not notice; and mere suspicion on the part of a purcliaser of property that the grantor intends to defraud creditors by the sale, is not sufficient to put the purchaser upon inquiry, or vitiate the sale.</p> <p>2. Notice. Bona fide purchaser. Instruction.</p> <p>Where a sale is made by a debtor with intent to defraud his creditors, and the issue involved is whether the purchaser had notice of such fraud, it is error to refuse to instruct the jury that mere suspicion is not enough to put such purchaser upon inquiry before buying.</p> <p>3. Fraudulent Conveyance. Bona fide purchaser not affected.</p> <p>A purchaser is not affected by the fraud of the grantor, unless he buys with intent to aid him in carrying out his fraudulent design, or has knowledge thereof, or notice of such fact as would lead a reasonable man to conclude that fraud in fact existed.</p>