Legal Opinion

Minshew v. Davidson

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 5 opinions

FROM the circuit court of Jones county. Hon. John R. Enochs, Judge. Davidson and another, appellees, were plaintiffs in tbe court below; one Edwards was defendant in execution; and Minsbew, the appellant, was a claimant there. The claimant’s issue was tried and decided in plaintiffs’ favor, and the claimant appealed ■ to the supreme court.

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FROM the circuit court of Jones county. Hon. John R. Enochs, Judge. Davidson and another, appellees, were plaintiffs in tbe court below; one Edwards was defendant in execution; and Minsbew, the appellant, was a claimant there. The claimant’s issue was tried and decided in plaintiffs’ favor, and the claimant appealed ■ to the supreme court. Appellees recovered a judgment in a- justice of the peace’s court against Edwards, who at the time owned a stock of merchandise. ■ The judgment was rendered February 13, 1904, and on the 15th of same month enrolled in the circuit clerk’s office. On the lTth…

1Opinion of the CourtTruly, J.

From the date of the enrollment of appellees’ judgment against Edwards, the defendant in execution, they acquired a *355lien on all the property belonging to their debtor. The record shows that the judgment was rendered on the 13th and enrolled on the 15th day of February, while the bill of sale from Edwards to appellant was not executed until the 17th. Ap-pellees were entitled, by the plain intendment of Code 1892, § 2413,- to have their judgment enrolled immediately upon rendition, even though the five days allowed for appeal had not elapsed. This meaning is made manifest by the provision of…

2Cited by5 opinions

  1. Brookhaven Bank & Trust Company v. D. E. GwinCourt of Appeals for the Fifth Circuit · 1958
  2. Motors Securities Co. v. B. M. Stevens Co.Mississippi Supreme Court · 1955
  3. R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916
  4. Merideth v. United StatesDistrict Court, N.D. Mississippi · 1970
  5. R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916

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