Meridian National Bank v. Hoyt & Bros.
Mississippi Supreme Court
From the chancery court of Lauderdale county. The opinion states the case. Was the bill, in legal contemplation, filed on May 5, 1892, or, is it true, as contended, that it was not filed until the issuance of process on May 9 ? The language of the statute is that the creditor ‘ ‘ shall have a lien upon the property described, from the filing of his bill, except as against Iona fide purchasers before the service of the process upon the defendant in such bill.”
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From the chancery court of Lauderdale county. The opinion states the case. Was the bill, in legal contemplation, filed on May 5, 1892, or, is it true, as contended, that it was not filed until the issuance of process on May 9 ? The language of the statute is that the creditor ‘ ‘ shall have a lien upon the property described, from the filing of his bill, except as against Iona fide purchasers before the service of the process upon the defendant in such bill.” Code 1892, § 503. Hoyt & Bros. Co. et al. do not belong to the excepted class of l( bona fide purchasers.” In Bacon v. Gardner, 23…
1Opinion of the CourtWhitfield, J.
The question which lies at the threshold in the decision of this case is whether the bill, of appellant was filed, within the contemplation of law, on May 5, 1892. The facts are these: On May 5, 1892, appellant’s counsel took the bill and the exhibits in one cover to the chancery clerk, and had him indorse on the bill the word “ filed,” etc., and the clerk made a corresponding entry in the general docket, and prepared a regular court wrapper, and put it around the papers. But counsel immediately took the bill and exhibits back to his office, telling the clerk that he did not wish process…
2Cases cited6 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Bishop v. CookNew York Supreme Court · 1850
- Beebe v. MorrellMichigan Supreme Court · 1889
- Cooper v. FriersonMississippi Supreme Court · 1873
- Lamkin v. NyeMississippi Supreme Court · 1870
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3Cited by16 opinions
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- In Re Estate of StanbackMississippi Supreme Court · 1969
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