Maranatha Faith Ctr., Inc. v. Colonial Trust Co.
| Docket Number: | 2003-CA-02349-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-02-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Writ of execution - Chose in action - Section 11-7-7 - Section 13-3-135 - Exempt property Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, Easley and Graves, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-17-2003 Appealed from: LOWNDES COUNTY CHANCERY COURT Judge: Robert L. Lancaster Disposition: Entered a final judgment against the Appellant in favor of Appellee for $876,753.08.1, and Appellee levied execution on personal property found on Appellant's premises. Appellant moved that the writ of execution be stayed, but the trial court denied the writ. Case Number: 01-0382 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MARANATHA FAITH CENTER, INC. |
BENNIE L. TURNER
ANGELA TURNER LAIRY
L. LANDIS SEXTON
TYLER CHARLES VAIL |
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| Appellee: | COLONIAL TRUST COMPANY | RICHARD SHANE McLAUGHLIN WILLIAM M. BEASLEY |
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| Topic: | Writ of execution - Chose in action - Section 11-7-7 - Section 13-3-135 - Exempt property |
| Summary of the Facts: | In February 2003, the Lowndes County Chancery Court entered a final judgment against Maranatha Faith Center, Inc., in favor of Colonial Trust Company in the amount of $876,753.08. By September, 2003, the judgment remained unsatisfied, and Colonial levied execution on certain personal property found on Maranatha’s premises and on Maranatha’s chose in action. Maranatha moved that the writ be quashed and that the execution be stayed. The court denied the motions, and Maranatha appeals. |
| Summary of Opinion Analysis: | Issue 1: Chose in action Maranatha argues that a levy of execution upon a chose of action is not authorized by Mississippi law and that a writ of execution based on a judgment lien may only be applied to the proceeds of a lawsuit and not the lawsuit itself. This is a case of first impression. Generally, under section 11-7-7, any chose in action is assignable after the suit is filed. The clear language of section 11-7-7 leaves little doubt that a writ of execution may be issued against a chose in action based on its status as personalty. There is no indication that the Legislature sought or intended to limit section 11-7-7. Further supporting this premise is section 13-3-135 which expressly provides that a purchaser of a chose in action is on the same footing as one who received the chose via a more typical assignment. Implicit in section 13-3-135 is that a chose in action may be sold under execution. Issue 2: Exempt property Maranatha argues that during the execution of the writ of execution several items of exempt property were seized, including a safe containing $69 dollars, title to a bus, bond certificate (face value $10,000), watch, ring and various certificates. Because Maranatha raises this issue for the first time on appeal, it is procedurally barred. |
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