The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-11-03
SUPREME COURT CASES.
Reported for The Clarion BY w. n. Harper
Attorney at-Ls~, jackson. Miss
April Term-Iss6
A. BALDWIN & Co

A. BALDWIN & Co,
r. J. LITTLE.
Appeal from the Chancery Court of
Rankin County.
In March, 1879, J. w Hudnall & Co..
a mercantile firm, executed deed Of
trust in favor of one Cyrus Bussey, of
New Orleans, on certain lands in Rankin
county, and also on their stock of mer
chandise then on hand or thereafter to be
acquired in the course of business. The
part of the deed of trust necessary TO be
considered here consists OF . conveyance
10 a trustee of the lands herein controver-
sv, together with all the improvements.
of privileges and appurterances to all
said lands belonging, or in any wise ap-
pertaining, the individual property of J.
! w. Hudnall, all the stock of general
merchandise now in the st0re-house of
| the said j. W. Hudnall & CO., in the
| said town of Brandon, consisting of dry
goods, groceries, boots, shoes, hardware,
store fixtures, furniture, show cases,
Iron safe, &c, also the notes, books,
| accounts and deeds of trust of the said
| parties of the first part now due or here
after to become due before the satisfac-
| ton of tAis deed of trust, also ali the
| goods, wares and merchandise, that may
| be hereafter purchased by the said par
| ties of the first part, to be sold in their
store before the satisfaction of this deed
/ of trust. To have and to hold the above
described real and personal property
unto the said party of the third part as
trustee as aforesaid, his heirs and as
signs forever, free from the claim or
claims of any person or persons whom
soever; then follows the usual con-
ditions and power of sale.
In May, 1880, A. Baldwin & Co. OBJ
tanned Judgment against Hudnall & Co.
for 1929, 50. On July s, 1880, an execu-
ton under this judgment was levied on
the land embraced in the above deed of
trust, and the same advertised to be sold
on the first Monday of August, 1880
On July Il, 1880, the trustee in the deed
of trust, sold this land under and by
virtue of this deed to one r. J. Little.
On July 81, 1880, r. J. Little filed a
bill in the chancery court of Rankin
county, praying for an INDUCTION against
the sale of this land by the sheriff under
the execution in favor of A. Baldwin &
Co., because it would cast a cloud upon
junction was made perpetual. From
this decision A. Baldwin & Co. appealed
The evidence showed that Ii udnaIl &
Co continued in charge of the merchan.
disc included in this deed of trust, sold
the same and carried on the business
after it's execution Just as they had
done before. There was also evidence
which tended to show actual fraud
against creditors by Hudnall & Co. in
the manner of sale of and dealing with
the goods, after the execution of the
deed of trust, it being proven shat they
sold sundry bills of goods to merchants
at and below cost. But there was nc
evidence which showed that X. j. Little
knew of or was connected with The
fraudulent conduct of Hudnall & Co.
| CAMPBELL, J., delivered the opinion Of
the Court.
The deed of trust does not in express
terms provide for the continuance il
business of the grantors selling and
replenishing stock in the usual course
OF dealing, and therefore is not void on
its face 1t is true that the evidence
shows such a course of dealing under
the instrument as to make it fraudulent
in fact as to creditors, but the right of
the appellee is 10 be determined by the
deed of trust. He stands on that as the
foundation of his title, and is not i'm
plicated in the fraudulent conduct of
| the grantors in the deed after it was
executed. As he is unaffected by their
subsequent fraud, and the deed of trust
is not per Sc fraudulent his claim must
prevail over that of appellants. 46irpaef
VIM. Buchanan, for the appellants.
McLaurin & McLaurIn, for the APP
| peilee.