98 Miss. 487
Decided October 15, 1910
Mississippi Supreme Court · decided 1910-10-15
Hqn. M. E. Denton, Chancellor. Suit by J. B. Barlow against R. P. Hays. Prom a decree overruling a motion to dissolve a temporary injunction and dismiss the bill, defendant appeals. J. B. Barlow, being indebted to one Ostrander in the sum of three hundred and fifty dollars, executed a note for said amount, secured by deed of trust covering a number of oxen and two log wagons.
Relies on Miller v. McCarty · Hodges v. Hickey · Koen v. Brill
Good law ✅— No negative treatment on recordhow we know
Decided 1910-10-15
Cited by 6 later decisions — most recently May 1963
6 state decisions
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.
View the full empirical analysis of this case →
¶1delivered the opinion of the court.
¶2On this record appellee has the right to demand that appellant shall exhaust the non-exempt property before resorting to the exempt property. 12 A. and E. Ency. Law, 212; 18 Cyc. 1461, note 11; Hodges v. Hickey, 67 Miss. 715, 7 South. 404; Koen v. Brill, 75 Miss. 870, 23 South. 481, 65 Am. St. Rep. 633; Miller v. McCarty, 47 Minn. 321, 50 N. W. 235, 28 Am. St. Rep. 375.
¶3Affirmed and remanded.