The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
CHIEF JUSTICE HANDY DELIVERED THE
orINoN OF THE COURT.

This was a bill Of equity, filed by the ap
pellant, as creditors of w NJ Pope, for th,
purpose of setting aside two conveyance,
made by the latter. as having been made q
hinder, delay or defTaud his creditors Tn,
inst was a deed executed to W. T. Brantlcy
as trustee, and embraced certain real and
personal property, which was conveyed Ia
secure certain debts due by W NJ. Pope, "a
ID. H. Majors 4 Co. The second was a deed
conveying absolutely 10 w f. Bmntlcy, the
same and other lands, and other personal
| property.
AZ the date of the execution of these iu-
struments, a suit at law was pending in the
! District Court of the United States in he
half OF the appellants ON which a Judgment
| would, in a short time, he rendered. The
judgment was rendered shortly after the
| execution of the deeds, and an execution
was issued thereon aud levied On a part of
the lands embraced in the deeds; and the
appellants became the purchasers thereof II
Marshal's sale, aud thcIenpIn filed this bill
for the purpose of having the deeds set aside
rs fraudulent aud void On the hearing, the
Court decreed that the first deed of February
-, 1859, was good and valid. and denied the
relief sought rs 10 that hut declared the
second deed of 9th April, 1859, fraudulent !
and void rs to the appellants, and that il |
should be vacated and held for naught From
that decree, the appellants took this appeal |
The only question before us, is as to the |
validity of the deed of 23d February, 1859.
lt appears clear that the deed was made
with intent, on the part of w, NJ Pope, to
hinder, delay or detraud his creditors. The
snit of the appellants was then pending and
would shortly ripen into judgment; and the
deed was intimately connected with the
purpose which led 10 the execution, shortly
of the deed of 9th April, 1859
and the result of both the transactions was to
place all his property under conveyance
and beyond the reach Of the appellants, his
creditors, except certain slaves, which he
then intended to remove, and shortly there
after did remove ont of this State The lat
ter deed was declared void by the Court be.
low and the former, though executed in
February, was not recorded until April, +,
though the objects proiessed to be intended .
BY 1t would have required its prompt regis
,ratiOn, to-wit 10 secure the property for
he payment of the debt of Majors & Co,
ince other creditors were moving against :
him. When it was registered, it was done
N the same date rs the deed of 9th April, :
500, and as il would appear, by Brantley. !
This circumstance, and other facts in the
ase go to show that both deeds were exc
uted by W. NJ, Pope, with u fraudulent in
ent rs to the appellants.
1t appears to be conceded, by counsel for
he appellees that this is the character of
he instrument, 50 far as w NJ Pope is con-
erned. But it is urged that there is moth
ng to show that Majors d Co. had notice Il
+ this fraudulent intent; and that inasmuch n
s they were honestly endeavoring to secure
heir debt, they must be considered as pur.
hasers without notice, and their title is ;,
aid. -
But they do not occupy the attitude OF y
without notice, because il was Ia
OF an absolute conveyance, but "a mere Sc a,
lrity for their debt, and that pre-eNisting II
ebt, In such case, it is settled that party a.
Oes not come within the exceptions of the ~
| article of the Statute of Frauds, in favor NJ
bona tide purchasers. Pack vs.. Harvey, 4,
IL NJ Farmers Bank of Virginia VS.. Pa
onIass, lib. -
Moreover, the record shows that the tris- ~
e had notice in law of the fraudulent in h,
mt of the granter and the deed shows that so
3 was acting in the matter by agreement Il,
tween the parties, Pope and Majors Be 49,
g the trustee for Nabors, and acting under n,
$ authority, notice to him, was notice in 80
W to Majors. w.
We think, therefore, that the first deed ~
ust be held fraudulent as to the appel -.
nts. =,
The decree is reversed, and the deed of ~
Il February, 1859, held fraudulent as to r..
c creditors of W. NJ. Pope, and declared II,
id; with costs in this and the Court be- ="
v. And a decree is ordered accordingly. IN