Josselyn v. Stone
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. Stone and Matthews, executors of Cohea, deceased, filed their bill against appellant and John A. Quitman, setting forth that on the 7th of June, 1843, the commissioners of the sinking fund recovered a judgment in Adams circuit court, against their testator and said Quitman ; which judgment was affirmed by this court, in favor of Samuel Matthews, State commissioner, against appellees as executors…
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On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. Stone and Matthews, executors of Cohea, deceased, filed their bill against appellant and John A. Quitman, setting forth that on the 7th of June, 1843, the commissioners of the sinking fund recovered a judgment in Adams circuit court, against their testator and said Quitman ; which judgment was affirmed by this court, in favor of Samuel Matthews, State commissioner, against appellees as executors of said testator, at November term, 1846, with damages. That no abstract thereof was recorded in Hinds county, where the…
1Opinion of the CourtJustice HaNdy
The question upon which this case depends is, whether the judgment in favor of the State commissioner, which was enjoined by the decree of the chancellor here complained of, was a lien upon the property of Cohea’s estate at the time the execution enjoined was issued. For if the lien of the judgment existed, it was competent to enforce it by execution against the property, notwithstanding the estate had been declared insolvent, and the claim had been presented to the commissioners of insolvency and rejected.
Two grounds are taken to show that the lien did not exist: — 1. That the judgment was…
2Cited by29 opinions
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- Automobile Sales Co. v. JohnsonTennessee Supreme Court · 1938
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