Wickham & Pendleton v. Green

Citations

• 61 Miss. 463

Syllabus

<p>1. Assignment fob Cr-editobs. Real and personal property conveyed.</p> <p>An assignment for the benefit of creditors recited that the grantor, being “desirous that all his property be applied to the payment of his debts,” and then that lie “bargains, sells, aliens, conveys, and assigns” to the assignee “his goods, wares, etc., and assets of every description, it being intended to assign all his property, both real and personal,” except legal exemptions, the real estate not being referred to in terms anywhere in the deed except as above. Held, that both real and personal property passed by the deed, and the same arrangements mutatis mutandis as to the sale of both is made.</p> <p>2. Same. Sale of choses in action.</p> <p>An assignment for the benefit of creditors which provides for the sale of choses in action is not fraudulent and void on that account if adequate time is allowed for the collection by ordinary process of law. Richardson v. Staple-ton, 60 Miss. 97, distinguished and approved.</p>