Taylor v. Lowenstein. & Bro.
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. The facts of the case sufficiently appear in the opinion of the court. The only error assigned was decreeing for defendant in error and making the injunction perpetual.
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Appeal from the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. The facts of the case sufficiently appear in the opinion of the court. The only error assigned was decreeing for defendant in error and making the injunction perpetual. That the recent MSS. opinion of Reed, Adm’r, v. Ballentine, et al., Opinion Book “ D,” p. 414, was conclusive in the matter for appellant. 1. That at the date of the rendition of Taylor’s judgment, Thornton was a mere trustee of the title for his vendee, and the latter a trustee of the purchase money for the former. In each instance a lien was…
1Opinion of the CourtSimrall, J.
Thornton sold and executed a bond for title to James Holloway, in December, 1865. The deed to be made on payment of 12 bales of cotton.
Thornton being indebted to Lowenstein'Brothers, who were pressing for the money, agreed to make the debt of Holloway available to pay off Lowenstein Brothers. He had already begun suit against Holloway by attachment. In this condition of affairs Lowenstein Brothers procured an assignment from Holloway of Thornton’s bond, and Thornton conveyed the land to them, upon receiving a credit of $1,200 on his indebtedness to them.
On the 5th of November, 1866, Taylor…
2Cases cited5 opinions
- Henderson v. DowningCourt of Appeals of Mississippi · 1852
- Walton v. HargrovesMississippi Supreme Court · 1868
- Harper v. TapleyMississippi Supreme Court · 1858
- Kelly v. MillsMississippi Supreme Court · 1866
- Barrow v. BarrowMississippi Chancery Courts · 1844
3Cited by8 opinions
- Strauss v. WhiteSupreme Court of Arkansas · 1899
- Russell v. ScarboroughMississippi Supreme Court · 1929
- Duke v. ClarkMississippi Supreme Court · 1880
- Stovall v. JudahMississippi Supreme Court · 1897
- Breland v. ParkerMississippi Supreme Court · 1928
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