Folkes v. Hayden
Folkes v. Hayden
Opinion of the Court
delivered the opinion of the court.
The complainants as judgment creditors of William H. Sheffield, filed this bill in the superior court of chancery, for the purpose of subjecting to the payment of their respective judgments a lot of ground situate in the city of Vicksburg, on ■ which it is alleged the defendants Cobb and Manlove hold a lien to secure them against certain acceptances of bills of exchange, drawn by the said Sheffield. The bill, in substance, alleges that Sheffield has provided or placed in the hands of said acceptors, a sufficient amount of means with which to pay off said bills, or if already paid, to reimburse the acceptors. It is further alleged, that though the lien has been, in effect discharged, it is still outstanding, or does not. appear by the record to have been satisfied; and that the complainants are for this reason embarrassed in pursuing their legal remedies, to subject the property to the payment of their judgments.
The bill further alleges, that Fo'lkes and McRea and others are indebted to Sheffield, or have effects of his in their hands, or know of persons who are thus indebted, or have effects of the said Sheffield in their hands. .
The several defendants in the. court below, interposed a demurrer to the bill, which demurrer being overruled by the chancellor, they prosecuted their appeal from that decree to this court.
So far as the bill seeks to subject the lot of ground already named to the complainants’ judgments, 'it is clear that it ought to be sustained. This point requires no argument. But it is nevertheless equally clear, that as to the other object, and the other parties, it ought to be dismissed. No relief is sought which the complainants could not with less delay, and certainly much less expense to all parties, obtain at law, by merely making their affidavit, and causing process of garnishment to be
In conclusion, we remark in regard to the authorities cited ■by the complainants’ counsel, that they establish only what opposing counsel admits; that where the debtors claim under a 'fraudulent assignment from the judgment debtor, or where ¡there is some impediment, which may exist or be interposed to (defeat or embarrass proceedings at law, then a court of equity may take jurisdiction of the question, and afford the desired relief. No such pretence, however, is even hinted at in this case. It is in all respects a simple case of garnishment.
Decree reversed; demurrer as to Folkes and McRea and. others, pursued as garnishees, sustained; and cause remanded to be proceeded in as to the real estate, and parties interested therein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.