Harris v. Lombard
Mississippi Supreme Court
Appeal from the Circuit Court of Leake County. Hon. A. Gr. Maters, Judge. On the 23d day of November, 1881, J. L. Harris & Co. sued out a writ of attachment against J. T. Boyd, and caused the same to be levied ivpon certain personal property, which the sheriff took into his possession. A few days thereafter, Mrs. A. A. Lombard filed an affidavit, claiming that the property was hers, and that it was not liable to the plaintiffs’ attachment.
Read the full summary
Appeal from the Circuit Court of Leake County. Hon. A. Gr. Maters, Judge. On the 23d day of November, 1881, J. L. Harris & Co. sued out a writ of attachment against J. T. Boyd, and caused the same to be levied ivpon certain personal property, which the sheriff took into his possession. A few days thereafter, Mrs. A. A. Lombard filed an affidavit, claiming that the property was hers, and that it was not liable to the plaintiffs’ attachment. An issue was made up and tried, and a verdict was rendered in favor of the claimant. The plaintiffs made a motion for a new trial, which was overruled, and…
1Opinion of the CourtCooper, J.
There is nothing in the evidence in this case, proving, or tending to prove, that Mrs. Lombard, the claimant, was a purchaser of the property attached. Her right, if any she has, is that of a pledgee holding the property as security for a pre-existing debt, with authority to sell it in the usual course of trade, and to apply the proceeds to the satisfaction of her debt against Boyd.
In the court below, the case was tried as if the same rules of law were applicable whether she occupied the attitude of purchaser or pledgee, and the instructions, both for the plaintiff and claimant, propounded…
2Cases cited7 opinions
- Perkins v. SwankMississippi Supreme Court · 1871
- Love v. TaylorMississippi Supreme Court · 1853
- Hinds v. PughMississippi Supreme Court · 1873
- Craft v. BloomMississippi Supreme Court · 1881
- Soule v. ShotwellMississippi Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Borland v. Nevada BankCalifornia Supreme Court · 1893
- Crump v. HillCourt of Appeals for the Fifth Circuit · 1939
- Peoples Bank v. Lamar County BankMississippi Supreme Court · 1914
- Trenholm v. MilesMississippi Supreme Court · 1912