Legal Opinion

Benton v. Crowder

Mississippi Supreme Court

Decided November 15, 1846PublishedCited by 1 opinion

Appeal, from the superior court of chancery ; Hon. Robert H. Buckner, judge. The bill alleges, that on the 24th day of May, 1838, the defendant Crowder, recovered a judgment against the complainant Benton, in the circuit court of Warren county, for the sum of ^3265^, besides costs. That a fi. fa. upon this judgment has been levied upon the land of complainant.

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Appeal, from the superior court of chancery ; Hon. Robert H. Buckner, judge. The bill alleges, that on the 24th day of May, 1838, the defendant Crowder, recovered a judgment against the complainant Benton, in the circuit court of Warren county, for the sum of ^3265^, besides costs. That a fi. fa. upon this judgment has been levied upon the land of complainant. That on the same day, the defendant recovered a judgment in the same court against Miles C. Folkes, Samuel Folkes, John Robb, and James Folkes, for 3360^, besides costs. That these two suits, and the judgments therein, are based upon…

1Opinion of the CourtJustice Clayton

This bill was filed by Benton, alleging that in 1838, a sepa*188rate suit was brought against him by Crowder, as the indorser of a bill of exchange, and judgment rendered upon it against him. That another was brought against him and the drawer and other indorsers of the same bill of exchange, and on the same day a verdict and judgment in that suit were rendered in his favor, and against the other defendants. That on this latter judgment a forthcoming bond was given and forfeited, which operates, as he alleges, a satisfaction not only of the judgment against those defendants, but of that against…

2Cited by1 opinion

  1. Coleman v. HudspethMississippi Supreme Court · 1873

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