Davis v. Walker

Citations

• 51 Miss. 659

Syllabus

<p>1. Chancery Practice : Judgment creditor, junior and senior. Collateral securities held by senior.</p> <p>In a proper case, a creditor wbo bas a claim upon two funds, may be compelled to go against that one to wbicb be bas an exclusive right, leaving tbe other to a creditor wbo can resort to it alone.</p> <p>2. Same: Case in judgment.</p> <p>W. and D. both held judgments against S. W. beldjtbe senior judgment, and also collaterals to secure tbe payment of bis judgment. D. filed bis bill to enjoin tbe sale of tbe property of S., under W.’s judgment, and to compel W. to make bis money out of the collaterals: Held, that it was not error for tbe chancery court to appoint a receiver, charged with tbe sale of tbe collaterals on tbe market for tbe best price, tbe collaterals having a known market value. But it was error to make disposition of the money upon bill and exhibits alone, without answer or proof.</p>