Bass v. Estill
Mississippi Supreme Court
Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. The bill in this case states substantially that on the 7th day of January, 1870, Jno.
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Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. The bill in this case states substantially that on the 7th day of January, 1870, Jno. H. Estill purchased from the complainants forty mules and one horse, for the sum of $6,425, upon an agreement that he should give them therefor his draft on'and accepted by his brother O. B. Estill, of Biehmond, Ky., with interest, until the maturity of the draft, at ten per cent., the draft maturing October 15, 1870. That Estill at the time assured complainants that his brother would accept his bill on presentation. Belying upon…
1Opinion of the CourtSimrall, J.
This is a controversy between W. H. & R T. Bass, judgment creditors of John H. Estill and Toof, Phillips & Co., now represented by their assignee in bankruptcy, under a deed of cestui que trust, executed by Estill for their benefit. The property to which the respective creditors asserted a lien, has by consent been sold, and their respective claims are made to the fund realized.
W. H. & R. T. Bass assert that their j udgment is older than the trust deed, and therefore they have the superior right. -On the contrary, Toof, Phillips & Co. contend that their deed in.trust was elder. But whether…
2Cases cited3 opinions
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
- Irby v. GrahamMississippi Supreme Court · 1872
- Work v. HarperCourt of Appeals of Mississippi · 1852
3Cited by5 opinions
- Metropolitan National Bank, James M. Oberlies and Robert E. Ryan v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Henderson v. Bank of America, N.A. (In re Simmons)United States Bankruptcy Court, S.D. Mississippi · 2014
- Smith v. TimNew York Court of Common Pleas · 1884
- Howell v. TeelNew Jersey Court of Chancery · 1878
- Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933