Agricultural Bank of Mississippi v. Pallen
Court of Appeals of Mississippi
On appeal from the superior court of chancery; Hon. Robert H. Buckner, chancellor. Moses M. Pallen and Janet Pallen, his wife, filed their bill against the Agricultural Bank of Mississippi, in which they state that in November, 1837, the defendant obtained judgment in the Warren circuit court against Thomas J. Randolph, on a note for about $4700; that an execution issued on this judgment to the April term, 1842, of that court, and was levied on lot two hundred, in square…
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On appeal from the superior court of chancery; Hon. Robert H. Buckner, chancellor. Moses M. Pallen and Janet Pallen, his wife, filed their bill against the Agricultural Bank of Mississippi, in which they state that in November, 1837, the defendant obtained judgment in the Warren circuit court against Thomas J. Randolph, on a note for about $4700; that an execution issued on this judgment to the April term, 1842, of that court, and was levied on lot two hundred, in square thirty, in the city of Yicksburg, as the property of Randolph.. That on the 1st of May, 1839, Randolph, for valuable…
1Opinion of the CourtJustice Clayton
This case, as decided in the chancery court, is reported in Freeman, 419. The view taken by the chancellor is regarded as correct.
The decision rests upon the principle, that where a judgment debtor has various pieces of property, .affected by the judgment lien, if he alienate one piece, that is not to be charged, until the others, not alienated, have been subjected, provided they still remain within reach of the execution. If all be alienated, then each is liable to the satisfaction of the judgment, in the inverse order of alienation; the last alienated being first liable. But if all be…
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