Goodbar v. West
Mississippi Supreme Court
On February 17, 1883, O. F. West and J. H. McPeak made a sale of their stock of goods, wares, and merchandise to one John L. Kline, which was declared fraudulent afterward, in April, in a suit by R. T. Abby against.
Read the full summary
On February 17, 1883, O. F. West and J. H. McPeak made a sale of their stock of goods, wares, and merchandise to one John L. Kline, which was declared fraudulent afterward, in April, in a suit by R. T. Abby against. West & McPeak, in which Kline filed a claimant’s issue, whereupon Lillie and Sallie West, minors, and sisters of 0. F. West, filed their attachment suit against the firm of West & McPeak for an indebtedness of $600 each due them for borrowed money, by said firm, through O. F. West, their guardian. And a few days thereafter, on April 17th, appellants, Good-bar & Co., filed their…
1Opinion of the Court
Opinion.
Campbell, O. J.,
delivered the opinion of the court:
The controlling principle of this case is settled by Jones v. Moody, 59 Miss. 327. The appellants have no right to complain of the irregularity in the suits brought by appellees. It appears that they were creditors of the partnership of West and McPeak, and having obtained a lien by attachment, a court of chancery will not wrest from them their advantage because of irregularity to which the defendants in the ¿ttachments did-not object.
The appellants are not in a position to complain of the fact that the record does not show that the…
2Cases cited1 opinion
- Jones v. MoodyMississippi Supreme Court · 1881