Spinks v. Jordan
Mississippi Supreme Court
Appeal from the chancery court of Leak county. Hon. J. F. McCool, Chancellor. Suit by W. M. Jordan and others against J. P. Spinks, and others. From a decree overruling a demurrer to the bill, the defendant, J. P. Spinks, appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the chancery court of Leak county. Hon. J. F. McCool, Chancellor. Suit by W. M. Jordan and others against J. P. Spinks, and others. From a decree overruling a demurrer to the bill, the defendant, J. P. Spinks, appeals. The facts are fully stated in the opinion of the court. But for the fact that counsel for appellee is so seriously in error as to the true doctrine announced in the case of Amt v. Rosenbaum, 74 Miss. 893, we should not attempt to respond to his brief; but finding one of so vast learning as he, so thoroughly confused as to what was really held in that case, I take it…
1Opinion of the CourtNeed, J.
Appellees, judgment creditors of A. H. Tate, Sr., and A. H. Tate, Jr., filed their bill in chancery to enjoin the foreclosure of deeds of trust given by Tates, senior and junior, in favor of appellant, J. P. Spinks, to secure to him certain indebtedness owing for merchandise and supplies furnished; the amount of such indebtedness being evidenced by promissory notes and open accounts. Appellees prayed in their bill for an accounting to show the correct balance due appellant, for the appointment of a receiver to take charge of the property, and for the sale of the property so that the true…
2Cases cited4 opinions
- Peeples v. YatesMississippi Supreme Court · 1906
- Aust v. RosenbaumMississippi Supreme Court · 1897
- Bachdell's AppealSupreme Court of Pennsylvania · 1867
- Boyd v. WarmackMississippi Supreme Court · 1885
3Cited by1 opinion
- Chandler v. CookeMississippi Supreme Court · 1931