Johnson v. Edde

Citations

• 58 Miss. 664

Syllabus

<p>1. Judgment. Priority of rendition. Minutes of court. Evidence aliunde.</p> <p>The question of the priority of the rendition of two judgments in the same-court is to be determined by the minutes of the court; and it is not admissible to show by evidence aliunde that the one last entered was in fact first rendered.</p> <p>2'. Same. One set-off against another. Money collected on. Application thereof.</p> <p>E., being defendant in a judgment in favor of J., deposited with the sheriff the-amount due on the judgment,’without-waiting for a levy upon his property. E., having an unsatisfied judgment for a larger amount against J., filed a bill, in chancery alleging that J. was insolvent, and asking that the money which he had placed in the hands of the sheriff be applied as a credit on his judgment against J. H., who held a judgment against J., with a lien older than B.’s, was admitted as a party to the suit, and claimed that the money in controversy should be applied to his judgment. The decree of the chancellor-directed the money to be paid over to E. and credited upon his judgment against J. Meld, that the decree was correct. Neither the judgment of BL nor that of E. was a lien on the money in the hands of the sheriff; and the statute requiring that money collected by execution shall be appropriated to-the judgment with the oldest lien has reference only to judgments against. the defendant from whom the money has been collected, and applies only to-money made by a sale under execution, the object of the law being to protect purchasers at such sales by transferring contestation from the property sold to the proceeds thereof. '</p> <p>3. Exemption. Horse recovered, in replevin. Damages for taking and detention.</p> <p>Where a plaintiff in replevin has recovered a judgment for a horse, or his-value, and also for damages for the wrongful taking and detention of the horse, the damages for the taking and detention are not exempt from his debts because the horse is exempt p