Wood v. Bowles
Mississippi Supreme Court
Prom the chancery court of Leflore county. Hon. Perot Bell, Chancellor. Bowles, appellee, was complainant in the court below, and Mrs. Woods and others, appellants, were defendants there. Prom an interlocutory decree overruling their demurrer to the complainant’s bill the defendants appealed to the supreme court.
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Prom the chancery court of Leflore county. Hon. Perot Bell, Chancellor. Bowles, appellee, was complainant in the court below, and Mrs. Woods and others, appellants, were defendants there. Prom an interlocutory decree overruling their demurrer to the complainant’s bill the defendants appealed to the supreme court. In a former suit for partition of land owned by appellee, and 'appellants as tenants in common, Bowles, appellee, was decreed to be indebted to certain of the present appellants, his co-tenants, in a large sum for rents chargeable against him because of his occupation of the land and…
1Opinion of the CourtMayes, J.
It has been the unbroken authority in this state, since the decision of the case of Trotter v. Dobbs, 38 Miss., 198, that a judgment debtor may successfully interpose his claim of exemption as against the execution creditor at any time before actual sale, if the right to claim exemption exists at that time. In the case of Dulion v. Harkness, 80 Miss., 9, 31 South., 416, 92 Am. St. Rep., 563, it is held that there is no difference between judgments at law and decrees in equity as to this right. In the case now before the court the contention is that, because the claims forming the foundation…
2Cases cited1 opinion
- Trotter v. DobbsMississippi Supreme Court · 1859
3Cited by6 opinions
- Felder Et Ux. v. Felder's EstateMississippi Supreme Court · 1943
- Williamson v. WilliamsonCourt of Appeals for the Fifth Circuit · 1988
- Barnes & Co. v. BuchananMississippi Supreme Court · 1914
- Stinson v. Williamson (In re Williamson)Court of Appeals for the Fifth Circuit · 1988
- Meyer Bros. Drug Co. v. FlyMississippi Supreme Court · 1913
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