Airey v. Buchanan
Mississippi Supreme Court
Appeal from the Chancery-Court of Chickasaw County. HoN. Baxter McFarlaND, Chancellor.' ' T. L. Airey & Co. obtained a judgment against W. M. Buchanan. This judgment was duly enrolled, execution issued thereon, and a return of nulla bona made. Buchanan at this time was living on his homestead, worth two thousand dollars.
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Appeal from the Chancery-Court of Chickasaw County. HoN. Baxter McFarlaND, Chancellor.' ' T. L. Airey & Co. obtained a judgment against W. M. Buchanan. This judgment was duly enrolled, execution issued thereon, and a return of nulla bona made. Buchanan at this time was living on his homestead, worth two thousand dollars. Afterward he conveyed this homestead to one Mrs. Baldwyn and daughter, and they in turn conveyed their five-eighths interest in six hundred and forty acres of land and two lots to the wife of ~W. M. Buchanan. Thereupon T. L. Airey &' Co. filed this bill against W. M. Buchanan…
1Opinion of the CourtCampbell, J.
In Adams v. Dees, 62 Miss. 354, the exemptionist had converted his homestead into a garnishable debt due to-himself, and afterward invested that debt, which his judgment-creditor had a right to pursue, in a purchase in the name of his wife, and we held that a court of chancery should aid the creditor to reach the assets of his debtor, and apply them to the- judgment uninfluenced by the fact that the debt arose from a sale of the homestead, since the statute did not exempt the proceeds of a homestead.
In this case the defendant in the judgment did not have a debt due him for a sale of the…
2Cases cited1 opinion
- John I. Adams & Co. v. DeesMississippi Supreme Court · 1884