Watson v. Carolina Portland Cement Co.
Mississippi Supreme Court
Prom the circuit court of Washington county. Hon. Sydney Smith, Judge. The cement company, appellee, was plaintiff in the court below and the Mississippi Stone Manufacturing Company was defendant there. A judgment having been rendered in plaintiff’s favor against the defendant, money was impounded to which Watson, appellant, made claim, and from a judgment against him he appealed to the supreme court.
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Prom the circuit court of Washington county. Hon. Sydney Smith, Judge. The cement company, appellee, was plaintiff in the court below and the Mississippi Stone Manufacturing Company was defendant there. A judgment having been rendered in plaintiff’s favor against the defendant, money was impounded to which Watson, appellant, made claim, and from a judgment against him he appealed to the supreme court. Appellee caused a writ of garnishment to be issued on its enrolled judgment against the stone company, summoning one Alexander as garnishee. The garnishee answered, stating that he was in…
1Opinion of the CourtWhitfield, C. J.
Tbe trust deed in this case was prior to tbe judgment, and constituted, of course, a prior lien on the property embraced in tbe trust deed, which was sold by tbe mortgagor. Tbe amount received for tbe property subject to tbe trust deed stood in tbe place of that property, and tbe trustee, tbe appellant, bad a prior right to tbe fund. It is perfectly manifest from tbe record that it was not any equity of redemption that was sold or attempted to be sold, but that the effort was to sell the whole property; but, whatever was attempted), tbe thing was subject to tbe trust deed, and tbe money…
2Cited by3 opinions
- Cole-McIntyre-Norfleet Co. v. Du BardMississippi Supreme Court · 1924
- Swift v. Aberdeen Lumber Co.Mississippi Supreme Court · 1935
- People's Bank v. LenoirSupreme Court of Alabama · 1920