Crump & Co. v. Wooten
Mississippi Supreme Court
Error to tbe Circuit Court of Marshall county. lion. Alexander M. Clayton, judge. Crump & Co sued out an attachment against Wooten on the ground “ tbat be was about to assign Ms property witb intent to defraud Ms creditors, or give an unfair preference to some of them.” Tbe action was founded on a promissory note, of wMcb tbe following is a copy:— Nov. 8, 1862. One day after date we promise to pay Crump & Co. twenty-four hundred dollars, value received, bearing interest, &c.
Read the full summary
Error to tbe Circuit Court of Marshall county. lion. Alexander M. Clayton, judge. Crump & Co sued out an attachment against Wooten on the ground “ tbat be was about to assign Ms property witb intent to defraud Ms creditors, or give an unfair preference to some of them.” Tbe action was founded on a promissory note, of wMcb tbe following is a copy:— Nov. 8, 1862. One day after date we promise to pay Crump & Co. twenty-four hundred dollars, value received, bearing interest, &c. K. G. Martin, J. W. Wooten. To the action Wooten pleaded in abatement the nonjoinder of Martin, who was alleged to be…
1Opinion of the CourtPeyton, J.
The plaintiffs in error on the 11th day of September, 1866, sued out an attachment against the estate of the defendant in error, for the sum of $2,588.39, returnable to the Circuit Court of Marshall county, and on the 13th day of September, 1866, they filed their declaration in said court. And on the 8th day of July, 1861, the defendant in error filed his plea in abatement of the suit, alleging the promissory note for $2,400, in the plaintiff’s declaration mentioned, was made jointly by one K. G. Martin and the defendant, who signed the same as surety of said Martin, and that at the time of…
2Cases cited1 opinion
- Wilkinson v. FlowersMississippi Supreme Court · 1859
3Cited by3 opinions
- Pool v. HillMississippi Supreme Court · 1870
- J. S. Hamilton & Co. v. Catchings & Co.Mississippi Supreme Court · 1880
- Parrish v. FeldmanMississippi Supreme Court · 1938