The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-29
|btD Us Tue HIGH COURTS
or
4 I.khORs AlND APpEALs.
APRIL TERN. lsCs.
Alex. L, Pope etal.
~.
w.M Pops 81 al. 81.

Alex. l. Pope etAl.
WIN Pops ct al.
cnEF JesIIcg HASDY DELIvERED THE oPfA
IDN on THE cornT.
This was a bill in equity filed by Che
appellant, as creditors Of w. NJ. Pope.
for the purpose Of setting aside two
conycyances made by the latter, az
having been made to hinder, delay or
1 defraud hiA creditors. The 1lrst was
a deed to W Il. Brantley, as trustee,
and embraced certain real and per-
sonal property, which was conveyed
- secure certain debts due by w. NJ.
Pope 10 d. B. Nabors ~ Co. The Sc
cond was a deed conveying absolutely
TO W. T. Brautley the same and other
lands, and other personal property.
At the date Of the execution of
these instruments, q suit at law was
then pending in the District Court OF
the United States, IN behalf Of the ap-
pcllants, on which q judgment would
in a short time be rendered. The
! Judgment was rendered shortly after
the execution of the deeds, and an ex-
ecution was issued thereon, aud le-
lied on a part Of the lands embraced
in the deeds; and the appellants be-
came the purchasers thereof at mar
shars sale, and thereupon filed this
BILL for the purpose Of having the
| deeds set aside as fraudulent and
void On the hearing the Court de-
creed that the first deed Of February
20, 1859, was good and valid, and
denied the relief sought as TO that,
but DECLARED the second deed Of 9
April, 1850, fraudulent and void as to
appellants, and that it should be va
catcsI ard held for naught From
! that decree the appellants took this
appeal.
The only question before MS is as to
the validity the deed Of Odd Febru-
airy, 1859 IT appears clear that this
deed was made with intent, on the
part Of W. NJ Pope, to hinder delay
Or defrand his creditors. The suit Of
the appellants was then pending, and
would shortly ripen into judgment;
and the deed was intimately connect
ed with the purpose which led to the
execution, shortly afterwards, of the
deed Of 8 April, 1859; and the result
of 10th the transactions was to place
all his, property under conveyance,
and beyond the reach Of the appel.
lants, his creditors, except certains
slaves, which he then intended toTe-
move, and shortly. thereafter did re-
move, out Of this State, The latter
deed was declared.yoid by De court
belSw; and the former, though exc
cutcd fn February; was net recorded
until April though the objects. pro /.
fessed to be intended By it would have
required its prompt registration; to-
wit, to secure the property for the pay
ment Of the debt OF. Nabors a Co,
since other creditors were recovering
against him. When it was registered,
it was done on the same date as the
decd of 9th April, 1859, and as it would
appear, by Brantly. This circum-
stance and other facts IN the case, 90
to show that both deeds were exc
cuted by w. NJ Pope, with a fraudu-
lent intent as to appellants.
Itappears to he conceded, by coun-
sci for the appellants, that this is the
character of the instrument, so far as
w. NJ. Pope is concerned But it is
urged that there is nothing to show
Majors d Co. had notice of this frau
dulent intent: and that inasmuch as
they were honestly endeavoring to
secure their debt, they must be con
ridered as purchasers 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 a mere security for their debt, and
that pre-eXisting debt In such
ease, it is settled that party does not
come within the exceptions of the Sd
Article of the Statute of Frauds, in
favor Of bona fde purchasers. Pack,
VS.. Harvey, 4, S. and NJ. Farmers
Bank Of Va, VS. Douglass, IL, ib.
Moreover, the record shows that
the trustee had notice in law Of the
intent of the grantor; and
the deed shows that he was acting in
the matter by agreement between the
parties, Pope and Majors. Being the
.ruseee for Majors, and acting under
his authority, notice to him was notice
IN law TO Majors.
We think, therefore, that the FIRST
Iced must be held fraudulent as to the
appellant
The decree is reversed, and the
Iced of Odd February, 1859, held frau
lulent as to the creditors of w. NJ.
Pope, and declared void with costs
n this and the court below And a
lecree is rendered accordingly.
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