Baldwin v. Flash, Preston & Co.

Citations

• 58 Miss. 593

Syllabus

<p>1. Attachment. Territorial limit as to power of justice of the peace. Writ returnable roithin less than five days.</p> <p>A writ of attachment was issued by the mayor of Jackson, ex officio a justice of the peace in the First District of Hinds County, returnable to the Circuit Court for the Second District of Hinds County, at Raymond. And the return-day named in the writ was within less than five days of the date of its issuance. It was levied and returned to the day named; and the defendant approved and consented to the entry of judgment against himself, both as to-the attachment and as to the debt. The property attached was claimed by a third person; and upon the trial of the claimant’s issue it was contended that the attachment was void because a justice of the peace of the First District of the county has no power to issue a writ to the Second District, and because the writ was returnable in less than five days. Held, that the objections are without merit.</p> <p>2. Deed op Tbtjst. On goods to be acquired. Surrender to trustee. Effect as to attaching creditors.</p> <p>On the 5th of May, 1879, P., a merchant in business, executed a deed of trust on his stock of goods on hand and to be afterwards acquired, to secure the payment of his several promissory notes to B. & M. for a large sum of money in the aggregate, payable between the 15th of October, 1879, and the 15th of January, 1880. It was understood between the parties that the deed of trust should not he recorded, unless necessary to protect B. & M. against P.’s creditors. The deed was not recorded till the 29th of January, 1880; and on the same day P. surrendered his stock of goods to the trustee, which surrender was evidenced by a writing given by P. From the time of the execution of the deed of trust to the surrender of the goods P. conducted the business of selling and replenishing his stock, in the usual course of trade, for his own benefit. On the 30th of January, 1880, certain creditors of P. sued ou