Bishop Bros. v. Rosenbaum

Citations

• 58 Miss. 84

Syllabus

<p>1. Chancery. Jurisdiction. Injunction. Suit of claimant in attachment against creditors.</p> <p>R. bought a stock of goods from W., who was insolvent. Three of the creditors of the latter sued out attachments, on the ground of fraud in the sale toR., which were levied respectively on different portions of the goods, but together covered the whole stock. R. made affidavits in the several suits as a claimant of the goods, and gave corresponding bonds therefor, the aggregate amount of which was double the value of the property. Subsequently two other attachments were levied on the same goods, and R. was again compelled to give bonds for them. He was then informed by the sheriff that there were other attachments sued out, or to be sued out, that would be levied on the property in succession, so long as he continued to bond the same. Thereupon R. filed a bill in chancery stating the facts above indicated, alleging that ir- . reparable injury would result from the successive levy of attachments far in excess of the value of the goods, averring the good faith of his purchase, and praying that the further levy of attachments be enjoined, and that the Court of Chancery take jurisdiction of the entire subject and decree him to be the lawful owner of the property. A demurrer to the bill for want of jurisdiction was overruled. Held, that the demurrer was properly overruled, and it was right for the Chancery Court to interpose, for the reason that, after attachments had been levied upon all of the property and bonds given for the full value thereof, other attachments were levied upon the same property and further bonds given therefor, and still other attachments threatened against-the property; so that the intervention of a court of chancery, at some time, to administer the rights of the parties was inevitable.</p> <p>2. Same. Jurisdiction. Injunction. Multiplicity of suits in attachment.</p> <p>Although a statute of this State points out a mode of procedure in attachment sui