Tishomingo Saving Institution v. Allen

Citations

• 76 Miss. 114

Syllabus

<p>1. Chancery Practice. Amendment. Time.</p> <p>An amendment to a bill in equity was properly allowed nine years, eleven months and twenty days after the filing of the original bill, where, during nearly all of said time, proceedings in the cause in the state courts were suspended by an improper removal to the federal courts.</p> <p>2.. Assignment for Benefit of Creditors. General. Money cormeyed.</p> <p>An assignment for the benefit of all of-the assignors’creditors is a general one which conveys “all and singular the lands, tenements and hereditaments ” of the assignors, 1 ‘ wherever situated, and especially that situated in” certain counties, “and all the goods, chattels, wares, merchandise, bills, bonds, notes, book accounts, demands, judgments, ehoses in action, evidences of debts and all property of every description and nature of the ” assignors, excepting only property exempt from execution; and further specifying- that “all property of every kind and description ” of the assignors, save exemptions, “ whether partnership or individual ” property, is to pass by the instruments, and money is conveyed thereby.</p> <p>3. Same. Attorney's fees for protecting fund.</p> <p>If a suit by creditors to vacate a general assignment be improperly removed from the state to the federal court, and a decree be rendered in the inferior federal court vacating the assig-nment, and the same be enforced, the attacking creditors securing practically the whole fund, and, by the services of an attorney, the decree is reversed by the supreme court of the United States and the cause remanded to the state court, the attacking creditors restoring, or being- bound to restore, the proceeds of the property received by them, the attorney will be entitled, in case the assig-nment is held valid, to have the funds charged with a reasonable fee for his services in securing the correct adjudication of the question of removal.</p>