Dabney v. Stackhouse
Mississippi Supreme Court
Error to the circuit court of the second district of Hinds county. Hon. George F. Brown, Judge. The opinion of the court contains a sufficient statement of ' the case.
Read the full summary
Error to the circuit court of the second district of Hinds county. Hon. George F. Brown, Judge. The opinion of the court contains a sufficient statement of ' the case. Insisted that the provisions of section 830 of the Code, correctly interpreted, means that the priority of lien shall not extend to' creditors who fail, refuse or neglect, for ten days after the notice of the junior creditor has been served on them, to sue out executions'for the satisfaction of their judgments, until the junior creditor has, by due diligence, caused his execution to be levied on the property; and that the…
1Opinion of the CourtSimiiall, J.
This controversy arises upon the decision of the circuit court appropriating money arising on the sale of property Tinder executions. Stackhouse, admr., has the junior judgment against Smith, but claims priority over Dabney and wife, who have the senior judgment, by virtue of certain advantages, claimed to have been obtained over them under a notice to issue and levy their execution. Both judgments were duly enrolled. Dabney and wife had, under a former execution, obtained partial satisfaction of their judgment, by a sale of the real estate of their debtor, Smith. Early in May, 1870,…
2Cases cited4 opinions
- Creath's Administrator v. SimsSupreme Court of the United States · 1847
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
- Forniquet v. TegardenCourt of Appeals of Mississippi · 1852
- Simms v. ForbesMississippi Supreme Court · 1905
3Cited by2 opinions
- In Re ShaversUnited States Bankruptcy Court, S.D. Mississippi · 2009
- Scharff Bros. v. ZimmermanMississippi Supreme Court · 1883