Legal Opinion

Carpenter v. Bowen

Mississippi Supreme Court

Decided October 15, 1868PublishedCited by 11 opinions

Error to the Chancery Court of Adams county. Hon. James M. Smiley, chancellor. Appellees filed their bill against appellant,- praying for a perpetual injunction against the sale of certain real estate in the city of Natchez, levied upon as the property of one Forbes, by execution emanating from a judgment in favor of appellant.

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Error to the Chancery Court of Adams county. Hon. James M. Smiley, chancellor. Appellees filed their bill against appellant,- praying for a perpetual injunction against the sale of certain real estate in the city of Natchez, levied upon as the property of one Forbes, by execution emanating from a judgment in favor of appellant. The appbllees are: Bowen, who holds an unsatisfied mortgage of older date than the judgment, executed by Forbes, conveying the property levied on; Davis and Reynolds, who are creditors at large of Forbes; Lum, who is a surety of Forbes; and Hewett, who holds a deed of…

1Opinion of the Court

Peyton, L,

delivered the opinion of the court.

This was a bill filed in the Chancery Court of Adams county, by the appellees, to enjoin a sale of certain real estate in the city of Natchez, in said county-, under an execution at law, emanating from a judgment of the Circuit Court of said county, in favor of the appellant against the appellees, William II. Forbes, and Isaac Lum.

The bill alleges that said Forbes and wife, on the -15th day of February, 1858, executed a mortgage to one of the appellees, Thomas Bowen, to secure the payment at maturity of three promissory notes, made by said Forbes…

2Cases cited4 opinions

  1. Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
  2. Green v. HartNew York Supreme Court · 1806
  3. Runyan v. MersereauNew York Supreme Court · 1814
  4. Goring's v. ShreveCourt of Appeals of Kentucky · 1838

3Cited by11 opinions

  1. Morrill v. MorrillSupreme Court of Vermont · 1880
  2. Malone v. United StatesDistrict Court, N.D. Mississippi · 1971
  3. Osborn v. NobleMississippi Supreme Court · 1872
  4. Myers v. EstellMississippi Supreme Court · 1873
  5. Pool v. DosterMississippi Supreme Court · 1881

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