Wright v. Watt
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes Comity. Hon. Thomas.WaltoN, Chancellor. The facts in the case are fully stated in the opinion of the-court (also in 41 Miss., 248). It is assigned for error as follows: 1. Because the bill charges, and the answer admits, that, complainant was only surety on the notes on which judgment was confessed, May 7, I860, and under which execution was; levied April 23, 1861, on property of-the principal -sufficient to satisfy the same, which…
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Appeal from the Chancery Court of Holmes Comity. Hon. Thomas.WaltoN, Chancellor. The facts in the case are fully stated in the opinion of the-court (also in 41 Miss., 248). It is assigned for error as follows: 1. Because the bill charges, and the answer admits, that, complainant was only surety on the notes on which judgment was confessed, May 7, I860, and under which execution was; levied April 23, 1861, on property of-the principal -sufficient to satisfy the same, which property was not sold, nor was-there any legal amotion of the levy. 2. Because complainant properly made and filed an…
1Opinion of the CourtSimrall, C. J.
F. S. Wright brought his bill in chancery'against J. M., Watt and others, to obtain a perpetual injunction against the'collection of a judgment which had been confessed by Wade,. Walton, and the complainant, in favor of Watt, Noble & Mobley, on the 7th of May, 1860.
The complainant alleges that he was surety on the notes,, the foundation of the judgment, which was well known to Watt, the managing member of the firm; that he filed an-* affidavit, under the statute, in the papers of the cause, of his suretyship that on the 23d of April, 1861, the sheriff' levied an execution on three slaves, the…
2Cases cited1 opinion
- Wade v. WattMississippi Supreme Court · 1866
3Cited by3 opinions
- Meyer v. BlakemoreMississippi Supreme Court · 1877
- Graham v. PeppleMississippi Supreme Court · 1923
- Bank of Hickory Flat v. CrawfordMississippi Supreme Court · 1923