Sayers & Scovill Co. v. Doak
Mississippi Supreme Court
Appeal from chancery court of Grenada county. Hon. J. G. McGowan, Chancellor. In the matter of the assignment of J. P. Headers. Sayers & Scovill Company filed a cross-petition against L. T. Doak, assignee-receiver of the estate. Decree for the receiver, and the Sayers & Scovill Company appeals. This is a contest between appellant, Sayers & Scovill Company, and appellee, Doak, as assignee-receiver of the assets of J. P. Headers, an insolvent debtor.
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Appeal from chancery court of Grenada county. Hon. J. G. McGowan, Chancellor. In the matter of the assignment of J. P. Headers. Sayers & Scovill Company filed a cross-petition against L. T. Doak, assignee-receiver of the estate. Decree for the receiver, and the Sayers & Scovill Company appeals. This is a contest between appellant, Sayers & Scovill Company, and appellee, Doak, as assignee-receiver of the assets of J. P. Headers, an insolvent debtor. Headers, being insolvent, made a general assignment for the benefit of his creditors, which trust the assignee was proceeding to administer as…
1Opinion of the CourtAnderson, J.
(After stating the facts as above). Two questions arise, the solution of which goes to the root of and settles the whole controversy in this case, making it unnecessary to consider the other questions argued by counsel; and they are: First, whether by virtue of our sign statute (Code of 1906, section 4784; Hemingway’s Code, section 3128 — part of the statute of frauds) under the facts of this case, the funeral car involved was freed from appellant’s mortgage, *231and subjected to the claims of general creditors; and, if not, second, whether appellant’s mortgage, although the funeral car was…
2Cases cited9 opinions
- Citizens' Bank v. KretschmarMississippi Supreme Court · 1907
- Orr v. Jackson Jitney Co.Mississippi Supreme Court · 1917
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
- Greaves v. AtkinsonMississippi Supreme Court · 1891
- Smith v. PerkinsMississippi Supreme Court · 1916
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3Cited by1 opinion
- Rome Mfg. Co. v. BaileyDistrict Court, S.D. Mississippi · 1931