Bonaffee v. Fisk

Citations

• 21 Miss. 682

Syllabus

<p>It is the duty of the sheriff, when he has raised money by execution sale, to examine the docket of judgments enrolled under the act of Febrnary 24, A. D. 1844 ; and to appropriate the money made, to the oldest lien, even though he had no execution on the judgment having this prior lien, in his hands at the time of sale; and this is the case whether such judgment having the prior lien be rendered in the circuit court of the United States, or any of the courts of the state.</p> <p>Whether if the decision of the supreme court of the United States, in Massingill v. Downs, 7 How. (S. C.) Rep. 760, were regarded as authority in this state, holding that the registry law of 1841 of this state did not apply to judgments rendered in the United States courts, a different construction of the act of 24th of February, 1844, would not be given' so as to exclude judgments in the United States court from a right to appropriation of money made on executions from the state courts. Query ?</p>