Bell v. Clark, Hood & Co.
Mississippi Supreme Court
From the chancery court of Pontotoc county. IIon. Baxter McFarland, Chancellor. In 1885, appellees, Clark, Hood & Co., assignees of a judgment against W. A., J. G-. and J. M. Dozier, caused execution thereon to be levied upon certain lands as the property of J. M. Dozier. J. M. and J. G-. Dozier were also indebted to complainant, Clark, Hood & Co., in other sums, for which the latter brought suit and recovered judgments.
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From the chancery court of Pontotoc county. IIon. Baxter McFarland, Chancellor. In 1885, appellees, Clark, Hood & Co., assignees of a judgment against W. A., J. G-. and J. M. Dozier, caused execution thereon to be levied upon certain lands as the property of J. M. Dozier. J. M. and J. G-. Dozier were also indebted to complainant, Clark, Hood & Co., in other sums, for which the latter brought suit and recovered judgments. The Doziers filed their bill to enjoin the sale of the lands levied upon under the judgment, and, J. M. Dozier having meantime conveyed the lands in controversy to his wife,…
1Opinion of the CourtCooper, J.
The demurrer to the bill should have been sustained, and the bill dismissed. It is difficult to conceive of any interest in the controversy common to the complainants other than that of having the security of the defendants upon the lands of Mrs. Dozier canceled, and this is the specific relief prayed by the bill. That complainants were not entitled to secure this result is manifest. The utmost that Clark, Hood & Co. can claim, as against the deed of trust to Bell, is that their mortgage is prior in right, though junior in date, to his ; or, failing in this, that the decree of the chancery…
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