The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-03-08
GsEENwooD LIGON, EFT. AL.

GsEENwooD LIGOE, EFT. AL.
Appeal from the Chancery Court of Chickasaw
county Hon. L. HaughtSn, Chancellor
Complainants exhibited their bill in the
Chancery Court of Chickasaw county, against
LGreenwood Lyon, as executor of mon Myers
deceased, and against him personally, and
against him as trustee under the will OF Hey-
ers, for Mrs Alice Foster and Mrs. Leila Lyon
and as guardian for Kate and Lizzie Meyers,
and against Morris Houseman, George w.
Bean, Mrs Zelda Bean, his wife, and Charles
G. Murray The bill charges, that on the ZOth
day of April. A. D., 1878, the commercial hrm
of Movers Houseman Co., composed OF
Simon Meyers, Morris Houseman and Geo. W.
Bean. was indebted to the firm OF Sims, Bill
iups & Co., of Mobile iH the State of > alabama,
in the sum of SIC, $50 ~, and on that day Simon
Movers ed testate. That by his will the
testator appoi n ed G reen wood Lyon hi exeeu
tor and guardian for his minor children, Katie
and Lizzie Lyon. and trustee for his two mar
ried daughters Mrs. Foster, and Mrs. Lyon;
that the estate of said Meyers was by his will
given in equal parts TO the four daughters
named above, and TO his other daughter, Mrs.
Zelda Bean, the wife of George W. Bean, but
that by that the terms of the will, the title to
the properly herein devised, was vested In
said executor, to be byhIm managed and con-
viewed at his discretion, for the benefit of the
said children of the testatOr. 1t is further
charged that on the 24th day of April there
appeared in a local paper published n the
town where the business OF Meyers, Houseman
& Co. had been conducted, publication 10
the effect that the firm would continue their
bu mess uninterrupted as heretofore, OF which
publication Greenwood Lyon had fulI knOWl
edge and which hR permitted to remain I'M
eonfradicted, and which notice came to the
knowledge of Sims, Billups & Co., and other
creditors of the firm of Meyers. Houseman Co.
In addition to this publication tits charged that
the surviving members of the firm wrote to Sims,
Btllups & Co.. that by an arrangement with
Lyon as executor, the business would be con-
Quoted as formerly, and the estate of Meyers
would continue in the partnership; that the
firm of Sims, Bilups & Co., through Mr..
Billups, one of its members, applied TO Green
wood Ligon to ascertain if such was the fact,
and was BY him Informed. that by the wilt OF
Meyers authority was given for his estate To
continue in the firm, and that 1t would be
done.
After the death of Meyers, the firm con-
timed doing business as before with Sims,
Bilups Co, aud when in 1880, the firm OF
Sims Biilups, Z Co., was changed by the
withdrawal of Mr.. Biliups, who was succeeded
by g. W Foster and I. r.. Ivy; the firm thus
composed who transacted business under the
name of Sims, Foster & Co., carried on with
out interruption the business with Never,
Houseman & Co., as the old firm had done.
The account of the latter, both before and
aft er the death of Meyers, was one continuous
running account, uninterrupted, either ny the
death of Houseman, the change IN he
membership of the firm of Sims, BIll1ps Co
The bill charges that the debt due from
Meyers, Houseman & Co., TO Sims Billups
Co. at the death of Meyers, was never paid,
aud that on the 24th day of November, 1880,
Meyers Hauseman & Co., being indie bted 20
Sims, Foster y Co., as successors OF SIMS,
Billups & Co.. on account of said debt, In re-
newal of a part thereof, executed their pro
missory note payable to Sims, Foster & Co., for
the sum of 50, 1921, due and payable Jan
uary LIST 1881, at the Mobile Savings Bank Ia
the city of Mobile, which note, before maturity
and Tor a valuable consideration Sims Foster
& Co., assigned 10 the Citizens Mutual In
surance Company, enc Of the compliments
subsequently in renewal of the balance of the
debt due at the death of Meyers TO Sims,
Biliups s. Co., Meyers, Houseman s Co., exc
cuted other notes payable IN the future to
Sims Foster a Co., which notes before ma
iurity aud for valuable considerations were
Assigned By Sims, Poster s Co., TO the other
compliments. On the lad day 81 February,
A. d 1881, the firm OF Meyers, Housenran Z
Co. was inso1vent and on that day george w.
Bean conveyed to Zelda Bean, his wife, =
tract of land, and on the Sth day OF Aprlk
Morris Hauseman and George w. Bean, as
surviving partners of the hrm OF sIeyerss
Houseman i Co.. made an assignment Of the
partnership assets to the defendant, Nnarles
O. Murray, as trustee for creditors OF SAID
firm.
The bill further charges that all the assets Of
said firm we're not conveyed or intended SO 70
be- by the surviving partnerss that me safd
firm vas the owner of considerable real estate,
The legal title Of which was in the surviving
partners, aud of the executor Of Meyers. That
Movers himself at the time Of his death was
the owner Of large real aud personal estate,
which was liable 70 the payment Of the credit.
tors of the nrm. The c1nyeyanee from the
surviving partners TO Murray il y charged was
mace 10 hinder, delay and defraud the credit
tors Of the firm, as was also the convey anee
from Bean to his wife. The prayer Of the bill
is that these conveyanees may be set aside as
Fraudulent and the property subjected g the
payment Of eomplsinant's debts, that per-
sonal decree may be rendered against Ligon as
member of the firm Of Meyers, HousenAan 3
Co., and one against him IS executor Of the
8 ale of Honseman, and that the real estate Of
Meyers may be sold for the payment Of tbs
debts. il the samo shal 1 not Be pa d b. the pro-
eeeis al the personal estate There IS also 3
prarer for tie appointment Of receiver 10
take charge OF the assigned property On the
Ground thai Murray Is insoIFent and IS fncom-
6efenf Is rdenaae the business committed 20
him in mannef calculated g dement, TIE
creditors Of Meyers, Houseman %.
The bill u86 answered BY housenaA Ane
Bean. and b. Mrs.. Bean and hn4K4ys kne 80
6fanee, and deunFrefs were 1at4tt poses -
Lyon as executor. trustee, guardian ana per-
kazaIlss The demurrers were sustained, ana
from lie 1ecfee discussing he BIZ - g 99n