Simmons v. Thomas
Mississippi Supreme Court
Error to the circuit court of Hinds county. Watts, J. Insisted that the universal rule is to apply monies arising under sales upon execution to the oldest judgment creditor, unless he has willingly suspended his lien and thereby lo,st his priority. Michie vs. Planters’ Bank, 11 How., 13. In this case, Andrew Thomas had no judgment lien subsisting — if the minutes of the court have been erased, even fraudulently.
Read the full summary
Error to the circuit court of Hinds county. Watts, J. Insisted that the universal rule is to apply monies arising under sales upon execution to the oldest judgment creditor, unless he has willingly suspended his lien and thereby lo,st his priority. Michie vs. Planters’ Bank, 11 How., 13. In this case, Andrew Thomas had no judgment lien subsisting — if the minutes of the court have been erased, even fraudulently. The verdict and judgment do not correspond, the verdict being for the defendant, without saying which, and ike judgment being against defendant, without saying which. The judgment…
1Opinion of the Court
Simrall J:
Samuel B. Thomas, late sheriff of Hinds county, brought in the circuit court of Hinds county, a sum of money raised by sale, under executions, of the property of S. E. Simmons, judgment debtor, and submitted to the court its appropriation.
The money was realized under executions, as follows: In favor of Caroline Simmons against S. E. Simmons, on judgment dated 17th May, 1866, for $16,651 30, in favor of Andrew Thomas; against same defendant on judgment recov*37ered 23d November, 1866, for $323 45, in favor of J. B. Thomas; on judgment against the same defendant, recovered the 22d day of…
2Cases cited6 opinions
- Garlick v. StrongNew York Court of Chancery · 1831
- Goldsborough v. OrrSupreme Court of the United States · 1822
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
- Ratcliffe v. DoughertyCourt of Appeals of Mississippi · 1852
- Wells v. TreadwellMississippi Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bennett v. BennettWest Virginia Supreme Court · 1892
- Abramsky v. AbramskySupreme Court of Missouri · 1914
- Thoms v. ThomsMississippi Supreme Court · 1871
- Oberlin v. OberlinMississippi Supreme Court · 1947
- Butterfield v. StantonMississippi Supreme Court · 1870