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86 Miss. 354

Minshew v. Davidson

Mississippi Supreme Court

Decided April 15, 1905

Mississippi Supreme Court · decided 1905-04-15

FROM the circuit court of Jones county. Hon. John R. Enochs, Judge. Davidson and another, appellees, were plaintiffs in tbe court below; one Edwards was defendant in execution; and Minsbew, the appellant, was a claimant there. The claimant’s issue was tried and decided in plaintiffs’ favor, and the claimant appealed ■ to the supreme court.

Good law ✅— No negative treatment on recordhow we know

Decided 1905-04-15

How this case has been cited

Cited by 4 later decisions — most recently November 1970

1 federal appellate · 2 state decisions

2019051910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Truly, J.,

¶1delivered the opinion of the court.

¶2From the date of the enrollment of appellees’ judgment against Edwards, the defendant in execution, they acquired a *355lien on all the property belonging to their debtor. The record shows that the judgment was rendered on the 13th and enrolled on the 15th day of February, while the bill of sale from Edwards to appellant was not executed until the 17th. Ap-pellees were entitled, by the plain intendment of Code 1892, § 2413,- to have their judgment enrolled immediately upon rendition, even though the five days allowed for appeal had not elapsed. This meaning is made manifest by the provision of that section which provides that “the judgment may be enrolled and have the force and effect of a lien in all cases where an appeal is taken as well as in other cases.” The only difference with regard to the lien of a judgment rendered by a circuit court and one rendered by a justice of the peace is that the first, upon enrollment, becomes a lien, and binds the property of the defendant from the rendition thereof (Code 1892, § 757), while the lien of the latter attaches only from the date of its enrollment. Upon enrollment the lien of a judgment binds all the property of the defendant without regard to its character or description. So, in the instant case, immediately upon enrollment on the 15th day of February, appellees acquired a lien on the stock of goods and merchandise then owned by their debtor, and which was subsequently conveyed to appellant. The contention of appellant, that the proof fails to. establish with sufficient certainty that the goods seized under the execution were the identical goods which he purchased from Edwards, is plainly negatived by the testimony, including his own admissions.

¶3The other assignment is without merit.

¶4The judgment is affirmed.

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