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· 10/15/1893

B. Lowenstein & Bros. v. Hooker

Citations

  • 71 Miss. 102

Syllabus

<p>1. Assignment nor Creditors. When administered in chancery. Code 1892, ch. 8.</p> <p>It is only where an assignment for creditors is general that the assignee can petition the chancery court, under chapter 8, code 3892, to have the trust administered. A petition for that purpose by an assignee in an assignment which is not general should be dismissed.</p> <p>2. Same. Chancery pleaching. Dismissal of hill. Cross-hill.</p> <p>In such case, the dismissal of the petition of the assignee necessarily carries with it a cross-petition filed by the creditors under said statute to vacate the assignment, this being a mere dependency of the original petition.</p>

Judges: Campbell

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