Simpson v. Smith Sons' Gin & Machine Co.
Mississippi Supreme Court
Fkom the chancery court of Bolivar county. IioN. W. E. Trigg, Chancellor. In September, 1891, the Smith Sons’ Gin & Machine Company, the appellee, sold a steam cotton gin, press, etc., to one Dewberry upon credit, reserving title to the property as security. In March, 1892, the seller recovered a judgment against Dewberry at law upon the purchase money debt, which judgment was duly enrolled.
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Fkom the chancery court of Bolivar county. IioN. W. E. Trigg, Chancellor. In September, 1891, the Smith Sons’ Gin & Machine Company, the appellee, sold a steam cotton gin, press, etc., to one Dewberry upon credit, reserving title to the property as security. In March, 1892, the seller recovered a judgment against Dewberry at law upon the purchase money debt, which judgment was duly enrolled. In September, 1892, Mrs. Deason, a creditor of Dewberry and his wife, filed the bill in this cause against her debtors, and obtained the appointment of a receiver. The receiver took possession of the…
1Opinion of the CourtWoods, C. J.
Notwithstanding the decree pro confesso, the final decree and the failure of the appellant to appear in the court below, if, on the whole case as presented here, it appears that the appellee was not entitled to relief, the decree must be set aside. The ground upon which appellees sought relief against appellant was this': Appellees had obtained judgment against Dewberry, which had been duly enrolled, and thereby acquired a general judgment lien upon certain personal property, and appellant had acquired this property and disposed of the same subsequently to the rendition and enrollment of said…
2Cases cited4 opinions
- Dozier v. LewisMississippi Supreme Court · 1854
- Westmoreland v. WootenMississippi Supreme Court · 1876
- Cloud v. State ex rel. McAlexanderMississippi Supreme Court · 1876
- Wooten v. GwinMississippi Supreme Court · 1879
3Cited by4 opinions
- Willis Hardware Co. v. CLARKMississippi Supreme Court · 1952
- Surrette v. B & M Building SupplyMississippi Supreme Court · 1983
- Kennedy v. East Union Lumber & Manufacturing Co.Mississippi Supreme Court · 1908
- Willis Hardware Co. v. CLARKMississippi Supreme Court · 1952