Horton v. Grant

Citations

• 56 Miss. 404

Syllabus

<p>Garnishment. Interpleader. Payment. Estoppel by judgment.</p> <p>The fact that one has given a note secured by a trust-deed to a judgment-debtor as guardian, if such a one is garnished on the judgment as owing the debtor as an individual, should be availed of by answering the fact, and having the guardian or his ward, if of age, to contend for the money with the judgment-creditor ; and if the garnishee simply answers the fact, and then, not further appearing, suffers judgment to go against him for the money, he cannot enjoin the enforcement of the trust-deed on that ground, even though he is forced, as garnishee, to pay the judgment.</p>