Bradley v. Villere
Mississippi Supreme Court
Appeal from the chancery court of Madison county. Hon. Warren Cowan, Chancellor. The land in controversy was sold in 1886, under a decree of the chancery court of Madison county, rendered January 21, 1886¡ The land was sold in tracts exceeding a hundred and sixty acres, and the sale was, therefore, in violation of § 18, art. xii, of the constitution, which is as follows : “ All lands sold' in pursuance of decree of courts or execution shall be divided into tracts, not to…
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Appeal from the chancery court of Madison county. Hon. Warren Cowan, Chancellor. The land in controversy was sold in 1886, under a decree of the chancery court of Madison county, rendered January 21, 1886¡ The land was sold in tracts exceeding a hundred and sixty acres, and the sale was, therefore, in violation of § 18, art. xii, of the constitution, which is as follows : “ All lands sold' in pursuance of decree of courts or execution shall be divided into tracts, not to exceed one hundred and sixty acres.” The appellees obtained title from the purchaser at said sale,' and contracted to sell…
1Opinion of the CourtCampbell, J.
If it be true that § 18, art. xii, of the constitution, operates to annul all sales of land by virtue of decrees of courts, where the *402lauds are not divided into tracts not to exceed one hundred and sixty acres, it is certain that § 2693 of the code is as broad and comprehensive as to the sales it embraces as the constitutional provision referred to, and applies its beneficent cure to sales without regard to what makes them void.. The argument that good faith is not predicable of a sale made in disregard of the constitutional requirement is not sound, for in this respect there is no difference…
2Cited by7 opinions
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Grant v. MontgomeryMississippi Supreme Court · 1942
- Pennington v. PurcellMississippi Supreme Court · 1929
- Shannon v. SummersMississippi Supreme Court · 1905
- Cusimano v. SpencerMississippi Supreme Court · 1943
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