Lile v. Hopkins
Mississippi Supreme Court
In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. William Lile sued Martin O. Hopkins in assumpsit for money had and received. On the trial the plaintiff gave in evidence the following assignment: “ Archibald McLean v. Alexander McGilvary.
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In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. William Lile sued Martin O. Hopkins in assumpsit for money had and received. On the trial the plaintiff gave in evidence the following assignment: “ Archibald McLean v. Alexander McGilvary. In Claiborne circuit court, judgment 28th November, 1837, $936-33; vendi-tioni exponas 28th day of January, 1841. “ For, and in consideration of the sum of four hundred and thirty dollars and ninety-four cents, to me in hand paid by William Lile,' I hereby assign and transfer all my right in and to the judgment and execution…
1Opinion of the CourtJustice Ciayton
In March, 1841, the defendant Hopkins assigned to the plain-' tiff all his right apd title to a judgment, in the Claiborne circuit court, of McLean v. McGilvary, “ to be collected by said Lile for his own use, and in any manner he might think proper.” In point of fact, the judgment had been previously paid off, and afterwards there was a perpetual supersedeas granted ‘to its enforcement. This action for money had and received was brought to recover back the amount paid for the judgment.
Upon the trial the plaintiff asked the court to charge the jury, “ that the sale of a chattel carried with…
2Cases cited3 opinions
- Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
- Howell v. WilsonIndiana Supreme Court · 1831
- Bullitt v. ScribnerIndiana Supreme Court · 1818