Humphreys v. Stafford

Citations

• 71 Miss. 135

Syllabus

<p>1. Chancery Court. Decree, when final.</p> <p>A decree which adjudicates every thing material to the determination of the cause, and which, when executed according to its terms, will give all the relief W'hioh could be afforded, is final.</p> <p>2. Same. Administration of partnership. Fined decree. Case in judgment.</p> <p>Where, on the death of all the partners, a creditor’s bill is filed, to administer the partnership and individual assets, and the creditors appear, pursuant to published notice, and present their claims, and, after a master’s report thereon and the settlement of all exceptions thereto, a decree is rendered, fixing the amount due each, and directing the receiver therein appointed to realize on the assets and pay creditors in a fixed order, the decree is not interlocutory, but final.</p> <p>3. Same. Rights of creditors. Res judicata.</p> <p>Therefore, one who, having sold land to the firm on credit, and proved his debt in said suit, but failed to assert his lien, is precluded by the decree from afterwards asserting his equitable lien on the proceeds’ of the land when sold by the receiver.</p>