Bonney v. Bowman

Mississippi Supreme Court October 15, 1885

Bonney v. Bowman, 63 Miss. 166 (Miss. 1885)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The Chaucellor’s conclusion upon the facts is approved. The deeds were without consideration, and fraudulent and void as to creditors.

After judgment against him on the note, it was too late for the appellant to seek relief in chancery, because the note was given for an account many items of which were for spirituous liquors. Green v. Robinson, 5 How. 80; Glidewell v. Hite, Ib. 110; Thomas v. Phillips, 4 S. & M. 358.

Affirmed.

Reference

Full Case Name: J. M. Bonney v. Robert Bowman, Executors
Status: Published
Syllabus: Judgment. On void contract. Belief in chancery. Section Code of 1&T1, applied. Section 2464, Code of 1871, provides that all notes given for debts created for liquors retailed, shall be absolutely null and void. W. obtained judgment against B. on such a note. In a suit in chancery to enforce this judgment B. set up the defense that the judgment could not be enforced because of the illegal consideration of the note. Held, that after the judgment on the note was obtained, it was too late for the appellant to seek relief in chancery.