Whitney v. Cowan
Mississippi Supreme Court
Appeal from the Chancery Court of Warreu County. Hon. U. M. Young, Chancellor. The case is fully stated in the opinion, of the court.
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Appeal from the Chancery Court of Warreu County. Hon. U. M. Young, Chancellor. The case is fully stated in the opinion, of the court. In order that this court may affirm the decree rendered herein, awarding this fund to Warren Cowan, it must be satisfied of two things: first, that the contract and assignment made by J. J. Cowan, administrator, etc., in 1872, with Bartley & Casey and Warren Cowan, was competent to vest in Warren Cowan a proprietary right in a specific portion of the fund to be realized from these claims; and, second, that the fund, when realized, was apportioned or distributed…
1Opinion of the Court · ChalmersChalmers, J.
John A. Klein, a banker of the city of Vicksburg, filed his bill in the Chancery Court of Warren County, setting forth that he held as a stake-holder, without personal interest, the sum of $4,018.65, which was claimed both by Warren Cowan and by Benjamin D. Whitney, with the latter of whom was connected one O. Lovell; that Cowan had already brought a suit at law against him for the recovery of the money, and that Whitney was threatening to do so. He therefore prayed that these parties might be compelled to interplead and settle their respective rights. Cówan and Whitney each answered,…
Also in this document: Opinion of the Court · Chalmees.
2Cases cited1 opinion
- Yates v. TisdaleNew York Court of Chancery · 1837
3Cited by8 opinions
- National Exchange Bank v. McLoonSupreme Judicial Court of Maine · 1882
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- Chandler v. MoreyIllinois Supreme Court · 1902
- White v. Union Producing Co.Court of Appeals for the Fifth Circuit · 1944
- Windecker v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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