Smith v. Newlon
Mississippi Supreme Court
Appeal from the Circuit Court of Lowndes County. Hon. J. M. Arnold, Judge. On the 8th.of March, 1883, a judgment was rendered by a justice of the peace in favor of W. H. Newlon against Annie F. Smith for the sum of one hundred and eight dollars.
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Appeal from the Circuit Court of Lowndes County. Hon. J. M. Arnold, Judge. On the 8th.of March, 1883, a judgment was rendered by a justice of the peace in favor of W. H. Newlon against Annie F. Smith for the sum of one hundred and eight dollars. Upon this judgment an execution was issued on the 19th of March, 1883, and returned the next, day with the indorsement of the constable that after a diligent search he could not find in his county any property of the defendant subject thereto. On the day of the return of the execution the plaintiff therein filed an affidavit with the justice of the…
1Opinion of the CourtCooper, J.
The object of § 1767 of the Code of 1880 is to give a summary proceeding by which fraudulent obstructions to the execution of judgments may be removed by the court whose process is obstructed. The single question which it is permissible to try under it is, whether the property sought to be subjected is claimed by a third person under a fraudulent conveyance or transfer from the judgment defendant, and the effect of the decision, if favorable to the plaintiff, is limited to the enforcement of the judgment; beyond this the title of the claimant is unaffected. If, therefore, the land or other…
2Cases cited1 opinion
- Hunt v. PotterMississippi Supreme Court · 1880
3Cited by2 opinions
- S. Bernheimer & Sons v. MartinMississippi Supreme Court · 1889
- A. S. Barboro & Co. v. SerioMississippi Supreme Court · 1915