Cloud v. State ex rel. McAlexander
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. An action was brought in the name of the State for the use of W. C. McAlexander against H. C. Cloud, and his sureties, upon his official bond given as constable.
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Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. An action was brought in the name of the State for the use of W. C. McAlexander against H. C. Cloud, and his sureties, upon his official bond given as constable. The breaches assigned were that Cloud, as constable, levied an execution in favor of one G. P. Phillips against C. E. Vandergriff, upon sixteen hundred and eighty pounds of lint cotton, and sold the same; upon which cotton McAlexander had a lien under the “ Act' for the encouragement of agriculture,” approved Feb. 19, 1867. It was averred that the contract,…
1Opinion of the CourtSimrall, C. J.
This was a suit brought by the usee against Cloud, and *664'the sureties on his bond, as.constable, for a levy upon and sale of cotton, on which McAlexander, usee, claimed a lien under the act of 1867, for the encouragement of agriculture.
Counsel oh both sides have argued the case on the predicate of law, that if the agricultural lien claimed by McAlexander is older than the lien of the judgment under which Cloud, the constable, sold the cotton, then the plaintiff had established a cause of action, and ought to recover the value of the cotton, or so much as would be equal to the lien debt and…
2Cases cited2 opinions
- Dozier v. LewisMississippi Supreme Court · 1854
- Westmoreland v. WootenMississippi Supreme Court · 1876
3Cited by3 opinions
- Elson v. BarrierMississippi Supreme Court · 1879
- Simpson v. Smith Sons' Gin & Machine Co.Mississippi Supreme Court · 1897
- Pace v. SparksTexas Commission of Appeals · 1880