Ward v. Whitfield
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. HoN. Baxter McFarlaND, Chancellor. The case is sufficiently stated in the opinion of the court. 1. The object of this bill is not to subject a decree in which Anne Ward has an interest, a mere right or chose in action, but five hundred and seventy-five dollars in actual “money” belonging to Mrs. Ward in the sheriffs hands.
Read the full summary
Appeal from the Chancery Court of Monroe County. HoN. Baxter McFarlaND, Chancellor. The case is sufficiently stated in the opinion of the court. 1. The object of this bill is not to subject a decree in which Anne Ward has an interest, a mere right or chose in action, but five hundred and seventy-five dollars in actual “money” belonging to Mrs. Ward in the sheriffs hands. In the case of Whitfield v. Ward et al., MS. opinion, the only thing the sheriff had was an execution on a decree — a mere right in action. On July 5, 1886, that chose in action became a chose in possession. It was legal…
1Opinion of the CourtCooper, C. J.
Tiie appellee has a judgment at law against appellant on which execution has been issued and returned nulla bona.
The appellant and her daughter, May, obtained a joint decree against one O’Conner which has been executed, and there is in the hands of the sheriff a considerable sum of money made thereunder.
The appellee, for the purpose of subjecting this fund to the payment of her judgment, exhibited her bill against .Mrs. Ward and the sheriff, and obtained an injunction restraining the officer from paying over the money until her claim should be determined. To this bill Miss Ward was not a…
2Cited by11 opinions
- Warner v. HoginMississippi Supreme Court · 1927
- Yazoo & Miss. V. R. R. v. JamesMississippi Supreme Court · 1914
- Lott v. WindhamMississippi Supreme Court · 1941
- Ames v. WilliamsMississippi Supreme Court · 1896
- Nash v. WinterMississippi Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.