Shuler v. Murphy

Citations

• 91 Miss. 518
• 44 So. 810

Syllabus

<p>1. Res Adjudicata. Partition decree. Code 1892, § 3112.</p> <p>A final decree in a partition suit, predicated of a confessed bill of complaint which ignored a deed previously made by one defendant tenant in common to another, does not divest the title conveyed by the deed, nor prevent the grantee therein from claiming the proceeds of a sale under the decree of the interest conveyed the deed against the grantor and his creditors, although Code 1892, § 3112, provides that such a final decree shall settle the rights of the parties to the land and, with the decree of confirmation, be an instrument of title.</p> <p>2. Garnishment. Rights of creditor.</p> <p>A judgment creditor can acquire no. greater interest in a garnished fund than the debtor has. . •</p>