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STEWART V. DUNHAM, 115 U. S. 61 (1885)

U.S. Supreme Court

Stewart v. Dunham, 115 U.S. 61 (1885)

Stewart v. Dunham

Submitted April 20, 1885

Decided May 4, 1885

115 U.S. 61


When a creditor's bill in equity is properly removed from a state court to a circuit court of the United States on the ground that the controversy is wholly between citizens of different states, the jurisdiction of the latter court is not ousted by admitting in the circuit court as co-plaintiffs other creditors who are citizens of the same state as the defendants.

On appeal by defendants from a decree of a circuit court on a creditor's bill, in which the judgments are several, for the payment of amounts adjudged to creditors severally, this Court has jurisdiction only over such as appeal from a decree for payment to a creditor of a sum, exceeding the sum or value of $5,000. As to all others the appeal mast be dismissed.

In the absence of fraud a transfer by a debtor in Mississippi of all his property to one of his creditors in satisfaction of the debt is valid; nor is it invalidated if, before it was made, the same property had been transferred by the debtor to a trustee to secure the same debt in like good faith, by an instrument which was void under the statutes of Mississippi, by reason of its form and contents, and if the said trustee joins in the transfer by the debtor.

The facts in this case do not establish the charge that the sale of the property to the creditor was made with a purpose to hinder or defraud creditors.

This was a bill in equity by creditors to reach property of the debtor alleged to have been fraudulently transferred as against the creditors.

Page 115 U. S. 62

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