Legal Opinion

Parker v. Dean

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 2 opinions

Appeal from the chancery court of Madison county. Young, Chancellor. On the 5th of September, 1870, the bill of complaint was filed by A. N. Parker against David Dean for an injunction, and sets forth that David Dean recovered a decree in the chancery court against N. M. Latimer, M. J. McKie and S. L. Mosby, for the sum of $497 12 and costs, on the 15th day of April, 1867; that execution issued on said decree on the 18th day of April, 1867, and that the then sheriff of…

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Appeal from the chancery court of Madison county. Young, Chancellor. On the 5th of September, 1870, the bill of complaint was filed by A. N. Parker against David Dean for an injunction, and sets forth that David Dean recovered a decree in the chancery court against N. M. Latimer, M. J. McKie and S. L. Mosby, for the sum of $497 12 and costs, on the 15th day of April, 1867; that execution issued on said decree on the 18th day of April, 1867, and that the then sheriff of Madison county, by virtue of said execution, did on the same day levy upon and take into his possession seven barrels of…

1Opinion of the Court

SlMEALL, J.:

Two questions are made in the record : 1st, was the levy on the seven barrels of whisky, being sufficient in value to pay the decree, a satisfaction of the same ?

The bill states that, on the same day that the levy was made, Mosby, the debtor and owner of the whisky, executed a supersedeas bond, and sued out a writ of error. The effect of that was to stay absolutely the sheriff from further proceeding under the execution. As has been the practice in this state, the execution of such a bond is an' amotion of a levy on personal property, the bond being considered security for the…

2Cases cited3 opinions

  1. Lamb v. ShaysSupreme Court of Iowa · 1863
  2. Whitworth v. LyonsMississippi Supreme Court · 1860
  3. Wade v. WattMississippi Supreme Court · 1866

3Cited by2 opinions

  1. Howell v. BushMississippi Supreme Court · 1877
  2. Buckley v. GeorgeMississippi Supreme Court · 1893

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