Edwards v. Gibbs
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo county. Hon. E. Gr. Henry, chancellor. Cited and relied'on Buclcner & Stanton v. Galeote, 28 Miss. E. 432 • Young v. Clark, 30 Miss. E. 331; Angelí on Limitations, 2d ed. p, 28, 188, 193, 194; Cook v. Lindsey, 34 Miss.
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Appeal from the Chancery Court of Yazoo county. Hon. E. Gr. Henry, chancellor. Cited and relied'on Buclcner & Stanton v. Galeote, 28 Miss. E. 432 • Young v. Clark, 30 Miss. E. 331; Angelí on Limitations, 2d ed. p, 28, 188, 193, 194; Cook v. Lindsey, 34 Miss. E. 456 ; Story’s Eq. sec. 187, 192, 195, 204, 207, 640 ; to show that the Statute of Limitations was no bar; and on Williams on Personal Property, 2d Am. ed. p. 202, 205, to show that West had a vested interest in the property. ■ 1. Appellant has no valid, subsisting claim which can be enforced against the estate of West, if the discharge…
1Opinion of the CourtHandy, J.
This bill was filed by the plaintiff in error, a judgment-creditor of James R. West, seeking to set aside the certificate of discharge in bankruptcy granted in the year 1842 to said West, by the District Court of the United States sitting in this State, on the ground of fraud in obtaining the certificate, and praying for a decree against his administrators (he being'dead) for the amount of the judgment.
The bill states the rendition of the judgment in April, 1839, and that executions were issued thereon in 1839 and 1840, which were returned “nulla bona;” that in 1842 West filed his petition in…
2Cases cited2 opinions
- Buckner v. CalcoteMississippi Supreme Court · 1855
- Andrews v. BrumfieldMississippi Supreme Court · 1856
3Cited by7 opinions
- Jones v. RogersMississippi Supreme Court · 1904
- Martin v. SmithU.S. Circuit Court for the District of Missouri · 1870
- Warren v. IngramMississippi Supreme Court · 1910
- McClelland v. Bank of ClarksdaleMississippi Supreme Court · 1960
- Smith v. StricklandMississippi Supreme Court · 1925
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