Carlisle v. Gunn
Mississippi Supreme Court
FrOM the chancery court of Monroe county. R. C. Beckett, Esq., Special Chancellor by consent. In March, 1888, Gattman & Co. failed, and numerous attachments were sued out against them, among others attachments in favor of appellant Carlisle and appellee Gunn. The latter, through his agent, procured an attachment in Chickasaw county which was levied on the land in controversy, situated in that county.
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FrOM the chancery court of Monroe county. R. C. Beckett, Esq., Special Chancellor by consent. In March, 1888, Gattman & Co. failed, and numerous attachments were sued out against them, among others attachments in favor of appellant Carlisle and appellee Gunn. The latter, through his agent, procured an attachment in Chickasaw county which was levied on the land in controversy, situated in that county. He also prosecuted an attachment on the same debt in Monroe county; and the writ was levied on property there. Subsequently appellant, having obtained an attachment in Monroe county, caused a…
1Opinion of the CourtWoods, C. J.
The position of the appellant in this case differs widely from that of the appellant in Gattman v. Gunn, determined at the October term, 1889, of this court. In that case, Gattman, by his own action, had put himself in position not to be heard in an attempt to defeat Gunn in his suit to reduce his claim to judgment, and that was the question which our opinion in that case settled.
In the case at bar, Carlisle is not estopped by any act of his to deny the validity of the proceedings in the attachment suit of Gunn v. Gattman, in the Chickasaw county case. The consent decree entered in the…
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