Hughes v. Wilkinson
Mississippi Supreme Court
ON appeal from the circuit court of Yazoo county; Hon. E. G. Henry, judge. This was an action of ejectment, instituted by Wilkinson to recover an undivided one half interest in two lots in Yazoo City. The consent rule was entered into by Hughes.
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ON appeal from the circuit court of Yazoo county; Hon. E. G. Henry, judge. This was an action of ejectment, instituted by Wilkinson to recover an undivided one half interest in two lots in Yazoo City. The consent rule was entered into by Hughes. Wilkinson claimed under one John G. Rutherford, by virtue of a judgment rendered in 1833 in favor of Lucas & Eskridge, on which several executions had issued and been returned unsatisfied; it was proved by the deposition of Mrs. Eskridge, that Eskridge, one of the firm of Lucas & Eskridge, died in 1836, and it was admitted upon the trial that Lucas,…
1Opinion of the CourtJustice Handy
Several objections to the judgment in this case have been presented in behalf of the plaintiff in error; but as the merits of the case will probably be determined by two of the points, we deem it unnecessary to consider the others.
The first of these points is, that the scire facias, under which the execution was awarded by virtue of which the land in controversy was sold, was void, because it did not contain on its face the names of the heirs and terre-tenants of Rutherford, the original defendant in the judgment; nor did it show the lands of which they were alleged to be heirs and…
2Cases cited1 opinion
- Smith v. Doe ex dem. OtleyMississippi Supreme Court · 1853
3Cited by4 opinions
- Roysdon v. TerryCourt of Appeals of Tennessee · 1927
- Hughes v. Wilkinson's LesseeMississippi Supreme Court · 1859
- Merle George Smith, Jr. v. Carla Ann PettigrewCourt of Appeals of Mississippi · 2017
- Hinds v. MillerMississippi Supreme Court · 1876