Quillan v. Paine
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Paine, appellee, was plaintiff in the court below; one Howell was defendant there and Quillan, appellant, was the claimant. The proceeding was a suit, under Oode 1906, §§ 3079-3081, to enforce a purchase money lien on personal property.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Paine, appellee, was plaintiff in the court below; one Howell was defendant there and Quillan, appellant, was the claimant. The proceeding was a suit, under Oode 1906, §§ 3079-3081, to enforce a purchase money lien on personal property. The plaintiff recovered against defendant Howell and when the claimant’s issue was reached the court below dismissed the claim, holding that there was no provision of law authorizing the propounding of such a claim in a statutory proceeding by the seller of personalty to enforce a lien for…
1Opinion of the CourtMayes, J.
On the 17th day of August, 1907, George C. Paine began a-proceeding in the justice of the peace court under section 3079,. Code of 1906,. for the purpose of subjecting certain personal property sold by him to one Jesse W. Howell to a debt for the-purchase money thereof, amounting to the sum of $195. On the same date one Henry M. Quillan, trustee in a deed in trust-executed by Howell in favor of Gilmore, May & Go. on the-property in-question, and wherein Quillan was made trustee, interposed as claimant of the property after condition broken. Jesse Howell waived service of process and consented…
2Cited by3 opinions
- Carr v. StateMississippi Supreme Court · 1968
- Smith v. StateMississippi Supreme Court · 1981
- Flanagan v. King-Peeples Auto Co.Mississippi Supreme Court · 1923