85-1-15 - Creditor's cross-petition to set aside assignment; rights of unsuccessful creditor.
§ 85-1-15. Creditor's cross-petition to set aside assignment; rights of unsuccessful creditor.
Whenever a creditor may seek to set aside the assignment for any reason as provided in this chapter, and fail to do so, he shall nevertheless receive the share provided for him according to the terms of the instrument, first, however, deducting therefrom all the court costs, reasonable attorneys' fees, and other necessary expenses incurred by the assignee in defending the suit.
Sources: Codes, 1906, § 125; Hemingway's 1917, § 112; 1930, § 115; 1942, § 303.