Busick v. Watson
Mississippi Supreme Court
From the circuit court of Iiolrues county. Hon. C. H. Campbell, Judge. Motion to vacate a sale under execution. In August, 1892, the Watertown Steam Engine Company brought an action in the circuit court of Holmes county against J. C. Pinkerton and J. R. Watson to recover the balance due on a note payable to the Kingsland & Douglas Manufacturing Company, transferred to plaintiffs.
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From the circuit court of Iiolrues county. Hon. C. H. Campbell, Judge. Motion to vacate a sale under execution. In August, 1892, the Watertown Steam Engine Company brought an action in the circuit court of Holmes county against J. C. Pinkerton and J. R. Watson to recover the balance due on a note payable to the Kingsland & Douglas Manufacturing Company, transferred to plaintiffs. The note was for part of the purchase money of certain machinery, and was signed by Pinkerton, as principal, and Watson, as surety, the balance due being about §700. Pinkerton, who, as between himself and Watson, had…
1Opinion of the CourtWoods, J.
To the gross inadequacy of price paid by appellee, at execution 'sale, for the property sold, as ground for setting aside the sale, there are to be added these circumstances, which demonstrate the character of the transaction. 1. Before any judgment was rendered in the suit of the Watertown Steam Engine *247Company against the appellees herein, one of them had put in the hands of that company’s attorneys collaterals largely in excess of the debt due the company, and supposed that the matter of even bringing suit had been abandoned. 2. After judgment obtained, no effort was made to enforce its…
2Cited by3 opinions
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- Industries Sales Corp. v. Reliance Manufacturing Co.Mississippi Supreme Court · 1962
- Hoffman v. MorrisonMississippi Supreme Court · 1957