Anderson v. McNeal
Mississippi Supreme Court
From the chancery court of Tunica county. Hon. A. McO. Kimbrough, Chancellor. Anderson and others, appellants, were complainants in the court below; McNeal and others, appellees, were defendants there. The suit was an attachment in chancery by complainant Anderson and others, against McNeal, a nonresident of this state and others, all the defendants being residents of Tennessee. The writ was levied upon lands.
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From the chancery court of Tunica county. Hon. A. McO. Kimbrough, Chancellor. Anderson and others, appellants, were complainants in the court below; McNeal and others, appellees, were defendants there. The suit was an attachment in chancery by complainant Anderson and others, against McNeal, a nonresident of this state and others, all the defendants being residents of Tennessee. The writ was levied upon lands. The bill averred that certain conveyances made by McNeal to his co-defendants were fraudulent and void because they were voluntary and were executed with the intent to defraud…
1Opinion of the CourtCalhoon, J.
The fundamental mistake of appellants is the idea that un*547<ier our statute the mere lapse of the time required to bar the remedy bars it, aud extinguishes the right, whether the debtor chooses to plead it or not. This is an erroneous view. The statute never operates to extinguish the right unless it is pleaded. But McNeal has not pleaded it. In fact, he refuses to plead it, and none can compel him to do so, and, as a consequence, the remedy is not barred, and the right is not extinguished. The debts being in full force, McNeal alone can plead the bar. His creditors cannot make him plead it, as…
2Cases cited4 opinions
- Robinson v. MooreMississippi Supreme Court · 1898
- Kennard ex rel. McGehee v. AlstonMississippi Supreme Court · 1885
- Hunt v. BelknapMississippi Supreme Court · 1900
- Bower v. HenshawMississippi Supreme Court · 1879
3Cited by2 opinions
- Davis v. BARR, STATE TAX COMM.Mississippi Supreme Court · 1963
- Gardner v. DuncanMississippi Supreme Court · 1913