Legal Opinion

Davis v. Walker

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 3 opinions

Appeal from the Chancery Court of Alcorn County. Hon. O. H. Whitfield, Chancellor (by interchange). One R P. Sawyers transferred certain bonds of the Mobile & Ohio Eailroad Co. to Wyatt Moye in his lifetime, and guarantied their payment. An action was brought by Walker, administrator of Moye, on the guaranty in the circuit court of Alcorn county, and a judgment recovered; subsequently Orlando Davis, appellant, recovered judgment in same court against Sawyers.

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Appeal from the Chancery Court of Alcorn County. Hon. O. H. Whitfield, Chancellor (by interchange). One R P. Sawyers transferred certain bonds of the Mobile & Ohio Eailroad Co. to Wyatt Moye in his lifetime, and guarantied their payment. An action was brought by Walker, administrator of Moye, on the guaranty in the circuit court of Alcorn county, and a judgment recovered; subsequently Orlando Davis, appellant, recovered judgment in same court against Sawyers. Walker, administrator, was proceeding to enforce his judgment against Sawyers by a sale under execution, when he was enjoined by Davis,…

1Opinion of the CourtSimrall, J.

At the April term, 1872, Samuel P. Walker, administrator of *662Wyatt Moye, deceased, recovered judgment in an attachment suit against R. P. Sawyers for $7,762.15. The attachment had been served upon a large amount of property.

On the 8th of October, 1872, the complainant, O. Davis, recovered judgment against Sawyers for $1,359. J. W. Harvey had also recovered judgment for $63.02, and Thomas Carson for $507.75; these last judgments are junior to Walker’s, but senior to Davis’. The foundation of the recovery by Walker, administrator, was the assignment and guaranty by Sawyers to Moye, the intestate…

2Cited by3 opinions

  1. Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933
  2. Wilkinson v. StateMississippi Supreme Court · 1900
  3. Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933

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