Williamson ex rel. Cox v. Wilkinson

Citations

• 81 Miss. 503

Syllabus

<p>1. Sale. Fraud/ulent as to creditors. Good between parties. Exemption.</p> <p>A seller who conveys personal property to' defraud his creditors parts with title and cannot thereafter claim any part therof as exempt to him from execution and attachment. The right to assert the exemption, if one existed at the time of the sale, passed to the purchaser.</p> <p>3. Same. Indemnifying bond. Code 1893, 1967, 1968.</p> <p>Under code 1893, $$ 1967, 1968, providing that when an officer shall have levied, or shall be about to levy, an execution or attachment on personal property, and doubt shall arise as to whether it be exempt from levy and sale, he may demand of the person in whose favor the process issued an indemnifying bond, and authorizing suit thereon by the obligee, as plaintiff, for the use of the defendant in execution or attachment, etc., title to the property in the plaintiff’s usee is essential to the maintenance of a suit upon such indemnifying bond and a plaintiff’s usee who has conveyed the property to another is without title, although the conveyance has been adjudged fraudulent as to his creditors.</p>