Cogburn v. Pollock
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. L. Brame, Chancellor. A stock of goods kept for sale by C. C. Eiland, in a store leased by him from Edward H. Cogburn, was, at suit of the latter, distrained for rent, and at once advertised for sale. An attachment subsequently sued out by J. Pollock & Co., creditors of Eiland, was levied on the stock before the sale day.
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Appeal from the Chancery Court of Noxubee County. Hon. L. Brame, Chancellor. A stock of goods kept for sale by C. C. Eiland, in a store leased by him from Edward H. Cogburn, was, at suit of the latter, distrained for rent, and at once advertised for sale. An attachment subsequently sued out by J. Pollock & Co., creditors of Eiland, was levied on the stock before the sale day. Then Pollock & Co-, filed this bill in chancery to enjoin the sale under the distress, on the ground that Cogburn’s claim was fraudulent, and the rent suit a collusive arrangement between him and Eiland, who was…
1Opinion of the CourtCampbell, J.
Although the complainants did not have a judgment, they had obtained a lien on the goods by the levy of their attachment, and this gave them standing in the Chancery Court to contest as fraudulent the claim of Cogburn, by virtue of his attachment for rent, which had been first levied, and under which the goods were about to be sold, but which, if collusive and fraudulent, cannot be allowed to appropriate the goods to the prejudice of the rights of the complainants. Their right to maintain the bill is well sustained by authority. Bump on Fraudulent Conveyances, 513; Stone v. Anderson, 6 Foster…
2Cases cited3 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Heyneman v. DannenbergCalifornia Supreme Court · 1856
- Greenleaf v. MumfordNew York Supreme Court · 1865
3Cited by3 opinions
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- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- McBride v. State Revenue AgentMississippi Supreme Court · 1893