Scharff Bros. v. Zimmerman
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. WarreN CowaN, Judge. Schax-ff Bros. & Co. had a judgment against A. B. Reading which was enrolled on the 27th day of April, 1876. Marga-rette Tarleton had a judgment against Reading which was enrolled on the 27th day of June, 1876. E. Zimmerman, trustee, etc., had a judgment against Reading which was enrolled on the 10th day of June, 1877. Shortly after the rendition of the above judgments executions were issued on. all of…
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Appeal from the Circuit Court of Warren County. Hon. WarreN CowaN, Judge. Schax-ff Bros. & Co. had a judgment against A. B. Reading which was enrolled on the 27th day of April, 1876. Marga-rette Tarleton had a judgment against Reading which was enrolled on the 27th day of June, 1876. E. Zimmerman, trustee, etc., had a judgment against Reading which was enrolled on the 10th day of June, 1877. Shortly after the rendition of the above judgments executions were issued on. all of them and returned nulla bona. Subsequently E. Zimmerman, trustee, etc., discovering property of the defendant subject…
1Opinion of the CourtCooper, J.
The priority of liens provided in favor of enrolled judgments according to their seniority by sect. 1737 of the Code of 1880 is not lost to the senior creditor by his failure to point out to the sheriff property of the defendant which is subject to levy and sale. If, on being notified by a junior creditor to ‘proceed in the collection of his judgment, he sues out execution and places it in the hands of the proper officer, he has done all that the law requires him to do for the preservation of his priority. The fact that the junior creditor, by the exercise of unusual diligence, acquires…
2Cases cited2 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
- Dabney v. StackhouseMississippi Supreme Court · 1873