Marsh v. Mandeville
Mississippi Supreme Court
Os appeal from the district chancery court at Natchez; Hon. James M. Smiley, vice-chancellor. The opinion of the court and the points made by counsel contain the facts of the case. 1. The bill distinctly shows that the complainants never had, directly nor indirectly, any interest legal or equitable in the judgment. The judgment was obtained by the Planters Bank, and in its name, after said pretended assignment of the note.
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Os appeal from the district chancery court at Natchez; Hon. James M. Smiley, vice-chancellor. The opinion of the court and the points made by counsel contain the facts of the case. 1. The bill distinctly shows that the complainants never had, directly nor indirectly, any interest legal or equitable in the judgment. The judgment was obtained by the Planters Bank, and in its name, after said pretended assignment of the note. If the note were then assigned, why was not the judgment in the name or for the use of complainants ? Does a note carry a judgment, or the judgment the note? Certainly the…
1Opinion of the CourtJustice Fisher
The appellees filed this bill in the district chancery court holden at Natchez, to revive and enforce a judgment recovered in the name of the Planters Bank, in the circuit court of Adams county, on the 7th of December, 1843, against Robert J. Walker and the appellant, Cyrus Marsh.
The judgment is founded upon a note made by E. G. Plowell, for the sum of $900, and indorsed by R. J. Walker, Brander, McKinna & Wright, William Harris, and the appellant.
The bill alleges that the Planters Bank, on the 8th day of June, 1843, by deed assigned and transferred the note to the complainants, for the…
2Cited by7 opinions
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