Legal Opinion

Fowler v. McCartney

Mississippi Supreme Court

Decided October 15, 1854PublishedCited by 7 opinions

In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice chancellor. A. V. Fowler obtained a judgment in the circuit court of Lafayette county, on the 9th of April, 1846, and which was enrolled on the 17th of August, 1846, based on a promissory note of the date 13th of December, 1836, against John G. McCartney, upon which judgment several executions issued, and the last one of date 28th of February, 1848, all of which were returned…

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In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice chancellor. A. V. Fowler obtained a judgment in the circuit court of Lafayette county, on the 9th of April, 1846, and which was enrolled on the 17th of August, 1846, based on a promissory note of the date 13th of December, 1836, against John G. McCartney, upon which judgment several executions issued, and the last one of date 28th of February, 1848, all of which were returned nulla bona. That on the 17th of November, 1851, said McCartney filed for record a deed from John M. Driver, of the date 2d…

1Opinion of the CourtJustice Fisher

This is an appeal from a decree of the vice chancery court at Holly Springs, sustaining a demurrer on behalf of the defendants to the complainant’s bill.

The bill alleges that the complainant on the 9th day of April, 1846, recovered a judgment in the circuit court of Lafayette county, against one John McCartney, for the sum of $1,429.87, for debt, damages, and costs ; that said judgment is founded on a promissory note made by the said McCartney on the 13th day *514of December, 1836, and payable the 1st of January, 1839; that said judgment was duly enrolled in the clerk’s office of said county on…

2Cited by7 opinions

  1. Fleming v. GraftonMississippi Supreme Court · 1876
  2. T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
  3. Vasser v. HendersonMississippi Supreme Court · 1866
  4. Pulliam v. TaylorMississippi Supreme Court · 1874
  5. Partee v. MathewsMississippi Supreme Court · 1876

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