Wynne, Love & Co. v. Mason

Citations

• 72 Miss. 424

Syllabus

<p>1. ReohstbatioN OF Deeds. Actual fraud. Estoppel.</p> <p>Registry laws cannot he invoked to shield actual fraud; hence the holder of a recorded title may, hy his conduct inconsistent therewith, be estopped to assert it against one who has been misled by him, to his prejudice. Staten v. Bryant, 55 Miss., 261.</p> <p>2. Fraudulent Conveyance. Dealing with insolvent debtor. Actual intent to defraud.</p> <p>Where one, for the' purpose of obtaining means to develop and improve his wild land, voluntarily conveys it to his wife, leaving himself insolvent, and opens near it a small store in his own name, buying goods on credit and furnishing therefrom all the supplies and money needed to clear and improve the land, this being with the acquiescence of the wife, the conveyance, though executed and recorded, is fraudulent and void as to subsequent mercantile creditors having no actual knowledge thereof. ,</p> <p>3. Injunction. Sale under trust-deed. Damages. Attorney's fee. Code 1892, <¡572.</p> <p>On dissolution of an injunction to stay a sale under a trust-deed, damages are regulated solely by j¡ 572, code 1892; and, where a sale is not threatened, and by the terms of the trust-deed cannot be made for two years, it is error to allow an attorney’s fee as damages, no delay or actual damage having resulted from the injunction. Williams v. Bank, 71 Miss., 858.</p> <p>4. Deed. . Consideration. Votumtary promise.</p> <p>A deed from a husband to his wife cannot be supported as on a valuable consideration, where it rests solely upon a previous voluntary' promise to give her at some time a sum of money.</p>