Dean v. Boyd
Mississippi Supreme Court
Ebom the chancery court of Attala county. Hon. James L. McCaskill, Chancellor. Boyd, the appellee, was complainant in the court below; Mrs. Elizabeth Dean and her husband, the appellants, were defendants there. Erom a decree overruling a demurrer to the bill of complaint, and denying a motion to dismiss the sequestration proceedings, the defendants appealed to the supreme court.
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Ebom the chancery court of Attala county. Hon. James L. McCaskill, Chancellor. Boyd, the appellee, was complainant in the court below; Mrs. Elizabeth Dean and her husband, the appellants, were defendants there. Erom a decree overruling a demurrer to the bill of complaint, and denying a motion to dismiss the sequestration proceedings, the defendants appealed to the supreme court. The complainant in his hill charged that on January 24, 1908, appellee and defendant, Edward W. Dean, the husband of his co-defendant, Elizabeth Dean, entered into a contract by which appellee was to furnish Edward W.…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
This bill and the sequestration writ were not filed and used with any view of seeking an attachment in chancery. The writ of sequestration here was used in perfect conformity with the ancient and well-established use of the writ fox the purpose of impounding the property and holding it subject to the final decree of the court. This use of the writ belongs originally and inherently to the chancery court, and is independent of any statute. It is one of the most beneficent uses to which the writ has been put in chancery practice. See Am. & Eng.…
2Cases cited1 opinion
- Klotz v. ButlerMississippi Supreme Court · 1879
3Cited by3 opinions
- Lee v. LeeMississippi Supreme Court · 1924
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