Jones v. Moody
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. The appellants, who attached a stock of goods of their debtor, W. T. Meek, filed this bill to vacate a prior attachment and judgment rendered thereunder, and to compel the sheriff to pay over to them the proceeds of the sale of the goods, upon the ground that Hamilton Moody, who sued out the prior writ, was not the owner of the note upon which it was based, but had indorsed it to W. H. Merkel.
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. The appellants, who attached a stock of goods of their debtor, W. T. Meek, filed this bill to vacate a prior attachment and judgment rendered thereunder, and to compel the sheriff to pay over to them the proceeds of the sale of the goods, upon the ground that Hamilton Moody, who sued out the prior writ, was not the owner of the note upon which it was based, but had indorsed it to W. H. Merkel. The appellees answered that it was so indorsed as collateral security for a smaller debt, and delivered by Merkel to Moody…
1Opinion of the CourtCampbell, J.
The ground on which a junior attaching creditor may procure the vacation of a senior attachment is that it operates a fraud on him. Henderson v. Thornton, 37 Miss. 448. He cannot take advantage of mere irregularities in the prior attachment, though constituting good grounds for objection by the defendant, who may waive anything which is no injustice to other creditors. Ward v. Howard, 12 Ohio St. 158; Drake on Attachment, §§ 262, 273, 274. There was a valid debt, and there was cause for attachment, and although the note had been indorsed by Moody, the payee, and delivered as collateral…
2Cases cited2 opinions
- Stage v. OldsOhio Supreme Court · 1843
- Henderson, Terry & Co. v. ThorntonMississippi Supreme Court · 1859
3Cited by5 opinions
- Britton & Mayson v. CriswellMississippi Supreme Court · 1885
- First National Bank v. StanleyIndiana Court of Appeals · 1892
- Hardware Co. v. Deere, Mansur & Co.Supreme Court of Arkansas · 1890
- Fearing v. ShafnerMississippi Supreme Court · 1885
- Goodbar v. WestMississippi Supreme Court · 1885