Massingill v. Downs
Supreme Court of the United States
This case came up from the Circuit Court of the United States for the Southern District of Mississippi, upon a certificate of division in opinion between the judges thereof. - The facts are fully set forth in the opinion of the court, as delivered by Mr. Justice McLean, to whieh the reader is referred.
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This case came up from the Circuit Court of the United States for the Southern District of Mississippi, upon a certificate of division in opinion between the judges thereof. - The facts are fully set forth in the opinion of the court, as delivered by Mr. Justice McLean, to whieh the reader is referred. Mr. Sargent and Mr. Bell made the following points:- 1. When this judgment was entered, it became a lien on all the .personal and real property of Che wiling, in Mississippi.Hutch, Miss. Code, 881,282. Brown v. Clarke, 4 How. 12; .4 Stat. at Large, 184; ib. 278; Rankin v. Scott, 12 Wheat.,-177;…
1Opinion of the CourtJustice McLEAN
This action was brought in the Southern District of -Mississippi, to try the right, of property which had been levied on. The plaintiffs showed g judgment of the Circuit Court, entered the first Monday of November, 1839, for $ 3,716.43, with interest, &c., against one J. J. Chewning and others, on which an execution had been issued 1 and levied upon, certain slaves claimed by A. C. Downs. At the time, of the levy, the property was in possession of the defendant Chewning. Downs produced- a mprtgage on the slaves, executed by. said Chew-ning, and regularly recorded, in favor of the “ Commercial…
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