Jenkins v. Gowen
Mississippi Supreme Court
ERROR to the Circuit Court of Yazoo county, Hon. E. G. Henry, judge. Cited Moody v. Harper, 25 Miss. R. 484; S. C. 28 lb. 615; and insisted that these two cases settled the doctrine, that a judgment was a lien on property acquired by the defendant subsequently to the judgment. They also cited the following authorities, to show that this was the rule under the English Statutes of West. 2 Oh. 18, and 18 Ed. 1, St. 1, Ch. 18; Cross on Lien, 101; 24 Law.
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ERROR to the Circuit Court of Yazoo county, Hon. E. G. Henry, judge. Cited Moody v. Harper, 25 Miss. R. 484; S. C. 28 lb. 615; and insisted that these two cases settled the doctrine, that a judgment was a lien on property acquired by the defendant subsequently to the judgment. They also cited the following authorities, to show that this was the rule under the English Statutes of West. 2 Oh. 18, and 18 Ed. 1, St. 1, Ch. 18; Cross on Lien, 101; 24 Law. Lib. 79; 3 Mylne & Cr. 407 ; 1 Yesey, 416 ; Sugd. on Yend, top page 621, marg. p. 547 ; 2 Cruise on Real Property, 73; 1 Roll. Abr. 892, 10 Vin.…
1Opinion of the CourtSmith, C. J.
This was an action of replevin, brought in the Circuit of Yazoo by the defendant in error, John H. Gowen, against Malatha A. Jenkins, the plaintiff in error, to recover a certain slave named Ma-riah, which resulted in a verdict and judgment for the plaintiff in the court below.
The facts of the case are substantially as follow: The defendant in error became the owner of the slave in controversy on the 22d of April, 1858, by purchase, within the county of Yazoo, from one K. W. McKinney; who acquired title to the said slave by purchase from Mrs. McCann, on the 1st day of April, 1858, in said…
2Cases cited2 opinions
- Moody v. Doe ex dem. HarperMississippi Supreme Court · 1853
- Moody v. HarperMississippi Supreme Court · 1855
3Cited by6 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Brookhaven Bank & Trust Company v. D. E. GwinCourt of Appeals for the Fifth Circuit · 1958
- Cayce v. StovallMississippi Supreme Court · 1874
- Motors Securities Co. v. B. M. Stevens Co.Mississippi Supreme Court · 1955
- Merideth v. United StatesDistrict Court, N.D. Mississippi · 1970
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