Holberg v. Jaffray

Citations

• 64 Miss. 746

Syllabus

<p>1. Ckeditoe. Right of debtor to •prefer. Confessing judgment.</p> <p>A debtor has the right to prefer a creditor by confessing judgment and thus creating a prior lien in favor of such creditor.</p> <p>2. Same. Attorney of debtor acting for creditor also. Debtor secretly confessing judgment.</p> <p>And the facts that the debtor employed an attorney to effect a preference of a. creditor by confession of judgment in his favor, and the attorney acted for both the debtor and the creditor in accomplishing such purpose, and the further fact that the preliminary proceedings, waiving service of summons, docketing the case, etc., were done secretly, do not affect the validity of the judgment.</p> <p>3. Same. Confession of judgment. Attachment. Sale of goods. Liability of sheriff for proceeds.</p> <p>And the fact that, the sheriff, when making sale of the debtors’ goods under a judgment confessed, misled an attaching creditor by assuring him that he would retain the proceeds of such sale in his hands until the dispute between the judgment creditor and attaching creditor could be settled, and' then turning over such proceeds to the judgment creditor, cannot affect the rights of the attaching creditor, his attachment having been levied on the goods before the sale thereof; for if the sheriff has paid the money to one not entitled to receive it, he .will be dealt with as still having it in his hands.</p>