Briggs v. Planters' Bank
Mississippi Chancery Courts
The bill states that complainants are the assigness of two promissory notes given for the purchase money of land, and specifying on their face that the land was bound for their payment. That-said land was sold by one James R. Creecy to 'William B. Creecy and L. H. Smith. That prior to said sale divers judgments at law were recovered against said James R. Creecy, all of which have been satisfied except one in favor of the Planters’ Bank.
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The bill states that complainants are the assigness of two promissory notes given for the purchase money of land, and specifying on their face that the land was bound for their payment. That-said land was sold by one James R. Creecy to 'William B. Creecy and L. H. Smith. That prior to said sale divers judgments at law were recovered against said James R. Creecy, all of which have been satisfied except one in favor of the Planters’ Bank. That much more than enough money has heretofore been made by the sheriff of Yazoo county to satisfy the judgment in favor of said bank; but that said sheriff…
1Opinion of the Court
The Chancellor.
The complainants are the assignees of certain promissory notes, given by Smith and Creecy to James R. Creecy, for the purchase of a town lot, No. 9, in the city of Yazoo. The notes, together with the deed from J. R. Creecy, retain, in express terms, a lien, upon the lot so sold for the payment of the purchase money. The Planters’ Bank having obtained a judgment against J. R. Creecy, prior to his sale, subsequently sued out an execution of fieri fa-cias, and caused the same to be levied on the lot aforesaid. The complainants filed their bill to enjoin a sale under that judgment,…
2Cases cited1 opinion
- Shannon v. FoxU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by1 opinion
- Block, Oppenheimer & Co. v. LathamTexas Supreme Court · 1885