Baldwin v. Little

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. T. B. Gbaham, Chancellor. In March, 1879, J. W. Hudnall & Co., a mercantile firm,, executed a deed of trust in favor of one Cyrus Bussey, of Hew Orleans, on certain lands in Rankin County, and also on their stock of merchandise then on hand or thereafter to be acquired in the course of business.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

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Cited by 4 later decisions — most recently October 1928

1 federal appellate · 2 state decisions

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The deed of trust does not in express terms provide for the continuance in business of the grantors selling and replenishing stock in the usual course of dealing, and therefore is not void on its face. It 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 to be determined by the deed of trust. He stands on that as the foundation of his title, and is not implicated 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 se fraudulent, his claim must prevail over that of the appellants.

¶3. Affirmed.