Cahn v. Person
Mississippi Supreme Court
Appeal from the Chancery Court of Claiborne County. Hon. U. M. Young, Chancellor, specially presiding, Hon. T. Y. Berry being disqualified. The case is sufficiently stated in the opinion of the court'. 1. A court of chancery has no jurisdiction to enforce a judgment-lien, and to appropriate either property or a fund to the satisfaction of the judgment.
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Appeal from the Chancery Court of Claiborne County. Hon. U. M. Young, Chancellor, specially presiding, Hon. T. Y. Berry being disqualified. The case is sufficiently stated in the opinion of the court'. 1. A court of chancery has no jurisdiction to enforce a judgment-lien, and to appropriate either property or a fund to the satisfaction of the judgment. The judgment-lien is a creature of the statute, and must be enforced in the manner provided by sects. 830 and 837 of the Code of 1871. Brown Beatty, 5 Geo. 227. 2. A judgment-lien which has attached to property does not follow the proceeds…
1Opinion of the CourtSimRall, C. J.
John Burnet had caused five mules and twenty-six bales of cotton to be taken possession of by Smith, then sheriff, to satisfy a demand which he preferred against W. H. Russum, founded on the Agricultural Lien Statute of 1867. The chancellor, by interlocutory order, directed the, property to be sold, and the proceeds to be held by Smith, to abide the final decree. The sale of the mules was made on the seventh day of June, and of the cotton on the 7th of August, 1871.
J. W. Person, the complainant, is the beneficial owner of a judgment recovered against Russum and another, on the 15th of July,…
2Cases cited4 opinions
- John Conard, Marshal of the Eastern District of Pennsylvania, in Error v. Francis H. Nicoll, in ErrorSupreme Court of the United States · 1830
- Rogers v. DarnabyCourt of Appeals of Kentucky · 1843
- Partee v. MathewsMississippi Supreme Court · 1876
- Wood, Johnston & Burritt v. RulandSupreme Court of Missouri · 1846
3Cited by9 opinions
- William Iselin & Co., Inc. v. Delta AuctionMississippi Supreme Court · 1983
- Bank of Monticello v. L. D. Powell Co.Mississippi Supreme Court · 1930
- National Surety Co. v. Austin Machinery Corp.Court of Appeals for the Sixth Circuit · 1929
- R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916
- Kinzer v. StephensSupreme Court of Iowa · 1903
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