The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-12-08
fFtom the Daily Clarion
Decisions or the High Court OF
Errors and Appeals.
APRIL TERN, 1866.

William II. Nasser Va. Geo. w
Henderson ct al. Error to the Chan
cery Court OF Monroe county.
lion. II. T. Elicit delivered III,
opinion Of the court.
The plaintiff in error, on the 2sth
Of February, 1860, filed a bill in til,
Chanccry Court Of Monroe county
against George W. Henderson and
others, alleging that on the 2sth oI
May, 1858, he had recovered a judg.
ment against the defendant in error
Henderson, and F. NJ. Rogers, and
r. II. Dalton, for s765 rs, which
remained wholly unpaid.
That on the 9th of May, 1857,
said Henderson had conveyed certain
slaves to said +. NJ. Rogers, in trust
for said Henderson's wife. That the
said Henderson was insolvent at the
time, and that the said conveyance
was voluntary and without consid-
Grafton, and was made to hinder,
delay and defrsud his creditors. That
the pretended considerations ex-
pressed in the said conveyance had
no existence. That the slaves re-
mained in the possession of said
Henderson until after the death Of
his wife, when the defendant, F. NJ.
Rogers, was appointed guardian Of
his children, aud took the slaves into
possession. That plaintiff in error,
the 18th of October, 1859, sued out
execution upon said judgment, and
there being no other property on
which q levy could be made, said
execution was levied on said slaves,
but no sale has been made on account
Of the cloud and incumbrance on the
title, created by the said deed from
Henderson to F. NJ. Rogers, on ac-
count Of which nothing could have
been realized by a sale. The bill
prays that the said deed NAV be de-
clared fraudulent and void, and for
other relief.
The defendant demurrsd to the
bill for several causes, all amounting
in effect tn this, to-wit: that as COM
plainant did not allege the insolvency
Of +. NJ. Rogers and X. II. Dalton,
two Of the defendants TO the original
judgment at law, there was no ade-
quate remedy at law, and no neces-
siiy to resort to equity for relief.
The court sustained the demurrer
and dismissed the bill, from which
decree the complainant brought this
writ Of error.
II is universally agreed that a
creditor cannot 20 into a court Of
equity to subject equitable assets, or
ehoses in action, not subject 10 be
taken upon execution to the payment
OF his debts, until he has first OBJ
tanned Judgment at law upon his
debt, and issued execution and had
a return of nulid bona Tarned ",
Harris ct al, II S. q NJ. 3s6; Brown
45s.
And where property legally liable
to execution has been fraudulently
conveyed or incumbered, the applica.
ticn to chancery is to remove an OBJ
.irpction which prevents a legal lien
frOm operating upon the property,
and in such case ibe better opinion
seems to be that the creditor need
only proceed at law to the extent
necessary to give him a complete
atle, and that a Judgment which
operates a. . lien upon the property
sought 70 be changed, would b. .ufli-
sient-iIil,heim vs.. Drane. 10 s. 4
NJ, 556; Bergman ". Sullivan. M
;. d. NJ, S.; Fowler vs.. MtCartnsy
n Miss, 500; Snodgrass W.. An
drews, 30 Miss., 472; American
Leading Gases. 40, si: Notes 70 Ter.
ton vs.. Wheaton, and Salmon '.
Bennett, aud cases cited.
Conveyance. Of property made
With intent 10 hinder. d.lav or AZ.
iiaad creditors, are declared, by N,
% statute Of frauds, to be "clearly and
utterly void,' as against th. creditor,
ansc'ed BY them. The right Of the
Judgment creditor 10 levy his erecu.
won upon property 50 conveyed, and
20 proceed at las 70 subject I, to sale
ios the satisfaction of his debt, oapno,
De denied. without any reference n
the question whether the debtor pas-
sesses othsr property. or wh-shs,
there are other defendants hav;ns
property liable TO the same Judgment
in other words, Il Is not necessary IN
order 10 justify the levy oi an er.cu-
ton upon property frsudulen,iy CON.