Legal Opinion

Boswell v. Wheat

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 1 opinion

Appeal from the Chancery Court of Tishemingo county. Hon. Joel M. Acker, chancellor. This was a bill, filed in the county of Tishemingo, by the defendant, in a judgment rendered by the Circuit Court of Marshall county, against the ostensible plaintiff in the judgment, who is a non-resident of the State, and one Yowell, residing in Marshall county, and alleged to be interested in the same as owner, or asserting control in prosecuting execution thereon, and also against the…

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Appeal from the Chancery Court of Tishemingo county. Hon. Joel M. Acker, chancellor. This was a bill, filed in the county of Tishemingo, by the defendant, in a judgment rendered by the Circuit Court of Marshall county, against the ostensible plaintiff in the judgment, who is a non-resident of the State, and one Yowell, residing in Marshall county, and alleged to be interested in the same as owner, or asserting control in prosecuting execution thereon, and also against the sheriff of Tishemingo county, to whose hands the execution came, and who levied the same on the property of the…

1Opinion of the CourtHarris, J.

The complainant filed his bill in the Chancery Court of Tishe-mingo county, to enjoin the collection of an execution levied upon his property by the defendant Walker, as sheriff of Tishemingo *613county, where the property was found, and was remaining at the time of the filing complainant’s bill, and where complainant resided.

Neither of the defendants in error, except Walker, the sheriff, resided in Tishemingo county. And the judgment upon which the execution sought to be enjoined, issued, was obtained in the county of Marshall, where the defendant Yowell resided at the time of filing…

2Cited by1 opinion

  1. Smith v. HarringtonMississippi Supreme Court · 1874

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