Legal Opinion

Scott v. Neely

Supreme Court of the United States

Decided April 27, 1891No. 314PublishedCited by 334 opinions

APPEAL .FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF MISSISSIPPI. This was a suit in equity to subject to the payment of a debt alleged to be due and owing to the complainants by the defendant George Y. Scott, certain property owned by him and other property owned by his wife and codefendant, Lottie M. Scott.

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APPEAL .FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF MISSISSIPPI. This was a suit in equity to subject to the payment of a debt alleged to be due and owing to the complainants by the defendant George Y. Scott, certain property owned by him and other property owned by his wife and codefendant, Lottie M. Scott. The material facts out of which it arose, so far as is necessary for an intelligent consideration of the questions discussed, may be briefly stated as follows: In 1873 the defendant George Y. Scott was in partnership with his brother, Charles Scott, in the…

1Opinion of the CourtJustice Field

This is a suit in equity to subject the property of the defendants to the payment of a .simple contract debt of one of them, in advance of. any proceedings at law, either to establish the validity and amount of the debt, or to enforce its collection. It is'- founded upon sections 1843 and 1845 of the Code of Mississippi of 1880, being parts of the chapter which treats of the Chancery Courts of the State. They are as follows:

“ Sec. 1843. The said courts shall have jurisdiction of bills exhibited by creditors, who have not obtained judgments at' law, or having judgments, have not had executions…

2Cases cited16 opinions

  1. Case of Broderick's WillSupreme Court of the United States · 1875
  2. Whitehead v. ShattuckSupreme Court of the United States · 1891
  3. Holland v. ChallenSupreme Court of the United States · 1884
  4. Buzard v. HoustonSupreme Court of the United States · 1886
  5. Clark v. SmithSupreme Court of the United States · 1839

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3Cited by334 opinions

  1. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  4. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  5. Smyth v. AmesSupreme Court of the United States · 1898

329 more not listed; retrieve them via the Exa API.

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