Howard, Preston & Barrett v. Simmons
Mississippi Supreme Court
Error to the chancery court of Rankin county. Watts, J. Eor the appellants the following errors are assigned: 1st. The court below erred in sustaining the defendant’s demurrer to the complainant’s bill. 2d. The court below erred in its decree dismissing the bill. The facts are fully stated in the opinion of the court.
Read the full summary
Error to the chancery court of Rankin county. Watts, J. Eor the appellants the following errors are assigned: 1st. The court below erred in sustaining the defendant’s demurrer to the complainant’s bill. 2d. The court below erred in its decree dismissing the bill. The facts are fully stated in the opinion of the court. This was a contest for a crop of cotton,.between a party advancing money and supplies, and taking a contract stipulating for a lien, but in form a conveyance, which may be construed as a mortgage on the crop, and certain judgment creditors whose judgments are older in date than…
1Opinion of the Court
Tarbell, J.:
On the 7th day of Nov., 1867, Messrs. Howard, Preston & Barrett, merchants, doing business in New Orleans, Louisiana, filed their bill in the chancery court of Rankin county, of which the following is a synopsis:
October 21, 1867, an execution issued from the office of the clerk of the circuit court of Rankin county, upon a judgment rendered in said court, September, 1859, in favor of W. H. Simmons, against Jas. M. Patterson, for $195 18, which execution was placed in the hands of the sheriff of Rankin county, Oct. 80, 1867; and on the same day was levied on a quantity of cotton as…
2Cited by2 opinions
- Cayce v. StovallMississippi Supreme Court · 1874
- Bain v. BrooksMississippi Supreme Court · 1872