Red v. Powers

Citations

• 69 Miss. 242

Syllabus

<p>1. Garnishment. Acceptance of devise. Precatory trust.</p> <p>Where property is devised to one with the request that he shall pay an annuity to a third person, by accepting the provisions of the will, the devisee becomes the debtor of such person, and may be garnished.</p> <p>2. Judgment Against Garnishee. Code 1880, $2445, 2451.</p> <p>j If a garnishee answers, admitting an indebtedness not due, execution will be stayed until maturity. And if he denies indebtedness, and on a traverse it is found that he owes a debt not then due, judgment will be entered, with a stay of execution, as if the facts found had been confessed in the answer. Code 1880, $2445, 2451.</p>