Paine v. Sykes

Mississippi Supreme Court October 15, 1894

Paine v. Sykes, 72 Miss. 351 (Miss. 1894)

Cooper

Opinion of the Court

Cooper, C. J.,

delivered the opinion of the court.

The assignee in the deed of assignment made by Whitney, was not a bona fide purchaser for value, and the property in his hands was subject to the distress warrant sued out by the landlord. Paine v. Hotel Co., 60 Miss., 360. The statutory *355proceeding by which the assignee was converted into a receiver, had no other effect upon the right of the landlord than to preclude her from making an actual levy of the writ upon the property in the hafids of the receiver and necessitating an application to the court for the recognition and enforcement of her right to go against the property or to have satisfaction out of its proceeds.

The decree is affirmed.

Reference

Full Case Name: R. Paine, Receiver v. G. A. Sykes
Cited By: 2 cases
Status: Published
Syllabus: 1. Bosta Fide Pukchaseb. Assignee for creditors. An assignee in an ordinary voluntary assignment for creditors is not a bona fide purchaser, and therefore goods assigned to him which are liable to be attached for rent may still be subjected to the landlord’s demand. Paine v. Hotel Go., 60 Miss., 360. 2. AttachjieNX bob Kent. Chancery coxvrt. Procedure. The statutory proceeding by which the assignee in a g-eneral assignment for creditors becomes a receiver only prevents a landlord, suing out an attachment for rent after the assignment, from making an actual levy on the assigned property. By application to the chancery court administering the assignment, he may proceed against' the property or its proceeds to satisfy the demand for rent. ’