The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-08-31
DECISIONS Of THE HIGH COURT
ERRORS ND APPEALS
AT THE APRIL TERN, 1866.
Reported Expressly fsr ii.e CImYion.
Alex l.. Pope, ct. al
VS..
w NJ. Pope, ct, al.
CHIEF JUSTICE HANDY DELIVERED TIKI
OPINION OF THE COURT.

This was bill of equity, fled by the APP
pellant as creditors OF W. NJ. PoT for the
purpose of setting abide two ccsmeyances
| made by the latter, asl299lng been. -lade 10
hinder, delay or defraua his creditors. The
first was deed executed to W. f. Brantley,
as trustee, and embra"eu certain real and
personal property, wlich was conveyed to
secure certain debtsidue by w. NJ. Pope, to
ID. Ii. Nabors * Co. The second was Il deed
conveying absolutely To W. f. Brantley, the
same aud other lands, and other personal
property.
At the date of the execution of these in
struments, a snit at law wastpending in the
District Court of the United States iii he
! half OF the appellants, on EYhich a Judgment
would, III short time, Re rendered. The
Judgment was rendered shortly after the
execution of the deeds, and an execution
was issued thereon and levied on a part of
the lands embraced i'll the deeds; and the
appellants became the purchasers thereof at
Marshal's sale and theIeupon filed this bill
for the purpose of having the deeds set aside
as fraudulent and void On the hearing, the
Court decreed that the first deed of February
%, 1859, was good and valid, and denied the
relief sought as TO that, but declared the
second deed of 9th April, 1883, fraudulent
and void as to the appellants, and that it
should be vacated and held fol 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
1t appears clear that the deed was made
with intent, on the part Of w NJ Pope, to
hinder, delay or detlaud his creditors. The
suit of the appellants was then pending and
would shortly rlpen into Judgment; and the
deed was intimately connected with the
purpose which led to the execution shortly
afterwards, of the deed of 9th April, 1859
and the result of both the transactions was to
,Alrn
and beyond the reach of the appellants his
creditors, except certain slaves, which he
then intended to remove, and shortly there
after did remove out of this State. TIE lat
ter deed was declared void by the Court be-
low and the former, though executed i'll
February, was not recorded until April,
though the objects prOfessed to be intended
Dy 1t would have required its prompt regis
tratlon, to-wlt: to secure the property for
the payment of the debt of Nabors q Co.
since other creditors We're moving against
him. When il was registered, it was done
Oh the same date as the deed of 9th April
1859, and as it would appear, by Brantley
This circumstance, and other facts in the
case, go to show that both deeds were exc
cuted by ". NJ Pope, with fraudulent in
tentas to the appellants.
1t appears to be conceded, by counsel for
the appellees that this is the character of
the instrument, so far as w. VI. Pope is con-
cerned. But it is urged that there is moth
ing to show, that Majors & Co had notice
OF this fraudulent intent; and that inasmuch
as they were honestly endeavoring to secure
their debt, they must be considered as pur-
chasers without notice, and their title is
valid.
But they do not occupy the attitude OF
purchasers without notice, because it was
not an absolute conveyance, but mere Sc
cnrlty for their debt, and that pre-existing
debt. In such case, it is settled that party
does not come within the exceptions of the
I'D article of the Statute of Frauds, in favor
OF bona fde purchasers. Pack vs.. Harvey, A,
). d NJ. Farmers Bank of Virginia vs.
Doulass, lib.
Moreover, the record shows that the trus-
tee had notice in law of the fraudulent in
tent OF the granter; and the deed shows that
he was acting in the matter by agreement
between the parties, Pope and Nabors. Be
ing the trustee for Majors. and actine ~. 4
his authority, notice to him, was notlee III
law TO Majors ...su ,eed
We think 1,kk,a f4nrudulent as to the appel
The decree is reversed, and the deed of
23d February, 1859, held fraudulent as to |
the creditors of w II. Pope, and declared |
void; with costs in this and the Court be- |
low. And decree is ordered accordingly.