Legal Opinion

Mitchell v. Wood

Mississippi Supreme Court

Decided October 15, 1872PublishedCited by 7 opinions

Appeal from the chancery court of Madison county. Young, Chancellor. The opinion of the court contains a sufficient statement of the facts of the case.

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Appeal from the chancery court of Madison county. Young, Chancellor. The opinion of the court contains a sufficient statement of the facts of the case. Filed an elaborate -written argument, in which he contended that the doctrine sought to be established in Stevens v. Mangum, 27 Miss., that “ the lien of a judgment extends only to the property of the defendant whilst it is owned by him or by a purchaser from him, is inconsistent with the law as laid down in the Code of 1857, and that under the Code of 1857, p. 524, art. 261, the lien • follows the property and attaches in the hands of a…

1Opinion of the Court

Peyton, C. J.:

The record in this case shows, that Elizabeth H. Mitchell recovered a judgment in the circuit court of Madison county, on the 26th day of October 1860, against A. S. Mitchell and Robert M. Latimer, for the sum of $1,001.45, and that said judgment was duly enrolled on the judgment roll of the circuit court aforesaid, within thirty days from the date of the rendition thereof.

And that on the 17th day of September, 1861, the said A. S. Mitchell, in conjunction with his wife, for valuable consideration, conveyed certain real estate, situate in said county, owned by him at the time of…

2Cases cited1 opinion

  1. Stevens v. MangumMississippi Supreme Court · 1854

3Cited by7 opinions

  1. Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
  2. Hibernia Savings & Loan Society v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1903
  3. Thompson v. AveryUtah Supreme Court · 1895
  4. R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916
  5. In Re ShaversUnited States Bankruptcy Court, S.D. Mississippi · 2009

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