Mississippi Code
Miss. Code Ann. § 15-3-5 (2026)
Fraudulent conveyances, judgments, loans and the like; exceptions
✓ current as of July 2026
Section 15-3-3 shall not extend to any estate or interest in any lands, goods or chattels, or any rents, common, or profit out of the same, which shall be upon good consideration and bona fide lawfully conveyed or assured to any person or persons, bodies-politic or corporate, nor shall it in any case extend to creditors whose debts were contracted after such fraudulent act, unless made with intent to defraud them, and though a conveyance or contract be decreed void as to prior creditors, it shall not, on that account, be void as to subsequent creditors or purchasers.
Codes, Hutchinson's 1848, ch. 47, art. 1 (3); 1857, ch. 44, art. 3; 1871, § 2894; 1880, § 1294; 1892, § 4228; 1906, § 4778; Hemingway's 1917, § 3122; 1930, § 3346; 1942, § 267.
Notes of Decisions
Cited in 5
cases, 1982–2002 · leading case: Coors of North Mississippi, Inc. v. Bank of Longview (In Re Coors of North Mississippi, Inc.), 66 B.R. 845 (Bankr. N.D. Miss. 1986).
Coors of North Mississippi, Inc. v. Bank of Longview (In Re Coors of North Mississippi, Inc.), 66 B.R. 845 (Bankr. N.D. Miss. 1986). “§ 15-3-3 (1972) are found in Miss.Code Ann. § 15-3-5 (1972), which is set forth as follows: Section 15-3-3 shall not extend to any estate or interest in any lands, goods or chattels, or any rents, common, or profit out of the same, which shall be upon good consideration and bona…”
Morgan v. Sauls, 413 So. 2d 370 (Miss. 1982). “1981) defining voluntary conveyances subject to being set aside; Miss. Code Ann. § 15-3-5 (1972) setting the limits upon such a claim; and Miss.”
Smith v. Orman, 822 So. 2d 975 (Miss. Ct. App. 2002). “Miss.Code Ann. § 15-3-5 (Rev.1995). However, a conveyance, although fraudulent, and made prior to debts being incurred with subsequent creditors may be set aside if the conveyance was "with intent to defraud" those subsequent creditors.”
Thomas v. Chapman, 748 So. 2d 798 (Miss. Ct. App. 1999). “” Miss.Code Ann., § 15-3-5 (Rev.1995). However, that statute has been interpreted to mean that a “ ‘deed made upon a valuable consideration, but not bona fide, — that is, with a fraudulent intent, — is void against creditors of the grantor as though it were voluntary [i.”
Williamson v. Comm'r, 65 T.C.M. 2941 (Tax Ct. 1993). “This fraudulent conveyance provision does not "extend to creditors whose *282 debts were contracted after such fraudulent act, unless made with intent to defraud them".”
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