Scruggs v. Blair

Citations

• 44 Miss. 406

Syllabus

<p>1. Chanceey — Attachment—Basis and extent of jubisdiotion. — The basis of chancery jurisdiction is purely statutory, and depends on the condition of facts stated in the statute, to-wit: The absonce of the debtor and the presencehere of effectsbelong-ing to, or a debt due to him or third person, his having lands or tenements in this state.”</p> <p>2. Chanceey — Law of attachment — Inteepeetation.—Our statute of June 7th 1822, continued in the revision of 1857, arts. 60, 61, 62, 53, p. 549, embodies the essential features of the Virginia Acts of 1744 and 1819, and should receive the same interpretation which the Virginia courts have placed on the original.</p> <p>3. Chanceey — Attachment—Joeisdiotion.—The complainant is required to do no more to sustain his bill for this relief than to bring himself as creditor within the terms of the statutehe need show no independent oquity.</p> <p>4. Chanceey — Attachment—-Case.—R., B., W., and C. are makers of a note; D. B. and J. B. are indorsers, demand and notice being waived. E. is dead, W. a resident without property, B. and C. and D. D. & J. B. are non-residents, the two latter being a partnership owning land property in this state. The holders of the note file a bill praying the equitable writ of attachment. Held: The complainants might rest them bill on the terms of the statute without invoicing any special equity in aid of tho jurisdiction.</p> <p>5. Chancery — Paetnership peopeety. — Land purchased with the partnership effects and held in the partnership name, a court of equity would regard as assets for creditors to the same extent as personal effects. So far as necessary, the residue would immediately resume its quality as real estate.</p> <p>6. Chanceey — Equity to admenistee on paetnekship effects. — The law is incompetent to administer a partnership estate in favor of creditors; complete reliefs can only he meted out in chancery.</p>