Dean v. Bowles

Citations

• 110 Miss. 575
• 70 So. 693

Syllabus

<p>1. Justice of the Peace. Affidavit. Amendments. Execution. Claim of property. Defenses. Fraudulent conveyances. Sale in Bulk.</p> <p>Where plaintiff recovered judgment in a justice of the peace court and made affidavit for immediate execution under Code 1906, section 2743, but the justice of the peace omitted to attach his signature to the jurat thereto, a claimant of the property levied upon under such execution cannot complain that the circuit court on appeal permitted the justice of the peace who issued the execution to attach his signature to this jurat over his objection, since no one but the defendant in execution can complain of the premature issuance thereof.</p> <p>2. Justice of the Peace. Execution. Claim to property. Defenses.</p> <p>Where plaintiff recovered judgment on a note in a justice of the peace court, and execution was levied upon property claimed by another, such claimant cannot defeat the execution on the ground either that there had been an attempt to materially alter the note sued on or that the action on the note was prematurely brought for neither of the objections can be inquired into in a collateral proceeding.</p> <p>3. Fkauduxent Conveyance. Sale in Bulk. Statutes.</p> <p>One purchasing in violation of the Bulk Sales Act (Laws 1908 chapter 100), acquires no right as against creditors of the seller.</p>