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68 Miss. 641

Scharff v. Chaffe

Mississippi Supreme Court

Decided April 15, 1891

Mississippi Supreme Court · decided 1891-04-15

From the circuit court of Tallahatchie county. HoN. B. W. WilliamsoN, Judge. On the 23d of November, 1890, appellees, Chaffe, Powell & West, sued out an attachment in the court below against W. G. Peebles & Co. . On the 24th of November, the writ of attachment ivas levied on certain property, including cotton ungathered in the field.

Cited by 1 later decisions — most recently May 1897

Good law ✅— No negative treatment on recordhow we know

Decided 1891-04-15

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CAMPBELL, C. J.,

¶1delivered the opinion of the court.

¶2Whatever may be true as to the validity or invalidity of the levy on the cotton in the field and unpicked, there is nothing in the record to show any superiority of right to the cotton in the appellants which entitled them to contest with the appellees as to the cotton. There is in the record a motion by the appellants as “junior attaching creditors” to quash the levy as to the cotton ungathered when the writ was levied, November 24, 1890; but when they became attaching creditors, and when and how their writ was levied, if at all, on this cotton does not appear. The record shows a levy of the writ of the appellees on the cotton in the field, and that the sheriff caused it to be picked, ginned and baled by virtue of this writ, and upon this state of facts the appellants had no right to question the validity of the levy and dealing with the cotton, unless they procured a levy upon it under such circumstances as would give them precedence of right to it. They have failed to show anything on the subject, and we must assume the correctness of the judgment of the circuit court.

¶3Affirmed.

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