Hays v. Barlow
Mississippi Supreme Court
Appeal from chancery court, Quitman county. Hqn. M. E. Denton, Chancellor. Suit by J. B. Barlow against R. P. Hays. Prom a decree overruling a motion to dissolve a temporary injunction and dismiss the bill, defendant appeals. J. B. Barlow, being indebted to one Ostrander in the sum of three hundred and fifty dollars, executed a note for said amount, secured by deed of trust covering a number of oxen and two log wagons.
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Appeal from chancery court, Quitman county. Hqn. M. E. Denton, Chancellor. Suit by J. B. Barlow against R. P. Hays. Prom a decree overruling a motion to dissolve a temporary injunction and dismiss the bill, defendant appeals. J. B. Barlow, being indebted to one Ostrander in the sum of three hundred and fifty dollars, executed a note for said amount, secured by deed of trust covering a number of oxen and two log wagons. After the execution of the note and deed of trust, but before the maturity thereof, appellant; Hays, obtained a judgment against appellee, Barlow, for one hundred and…
1Opinion of the CourtSmith, J.
On this record appellee has the right to demand that appellant shall exhaust the non-exempt property before resorting to the exempt property. 12 A. and E. Ency. Law, 212; 18 Cyc. 1461, note 11; Hodges v. Hickey, 67 Miss. 715, 7 South. 404; Koen v. Brill, 75 Miss. 870, 23 South. 481, 65 Am. St. Rep. 633; Miller v. McCarty, 47 Minn. 321, 50 N. W. 235, 28 Am. St. Rep. 375.
Affirmed and remanded.
2Cases cited3 opinions
- Miller v. McCartySupreme Court of Minnesota · 1891
- Hodges v. HickeyMississippi Supreme Court · 1890
- Koen v. BrillMississippi Supreme Court · 1898
3Cited by5 opinions
- Wimberly v. PatersonNew Jersey Superior Court Appellate Division · 1962
- Heagen v. Borough of AllendaleNew Jersey Superior Court Appellate Division · 1956
- Martin v. CestoneNew Jersey Superior Court Appellate Division · 1954
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Heyman v. GordonSupreme Court of New Jersey · 1963