Hopton v. Swan
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. Jas. M. Smiley, Judge. The appellee, James T. Swan, filed, a petition in the circuit, court of Lincoln county, to enforce a mechanic’s lien upon the property of appellants. At the trial of the petition, appellee obtained a judgment of seventy-five dollars against appellants. Venditioni exponas issued and sale was made by the sheriff of the-buildings and three hundred and twenty acres of land belonging to appellants.
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Error to the Circuit Court of Lincoln County. Hon. Jas. M. Smiley, Judge. The appellee, James T. Swan, filed, a petition in the circuit, court of Lincoln county, to enforce a mechanic’s lien upon the property of appellants. At the trial of the petition, appellee obtained a judgment of seventy-five dollars against appellants. Venditioni exponas issued and sale was made by the sheriff of the-buildings and three hundred and twenty acres of land belonging to appellants. Said property was worth at the time of the sale about $8,000. At the sale the appellee plaintiff in execution became the…
1Opinion of the CourtSimrall, J.
This record discloses a most oppressive and fraudulent use and abuse of the final process of the court by Swan, the judgment ‘creditor.
Swan had recovered a judgment against Hopson and wife for seventy-five dollars, which condemned a. certain building, being a dwelling house, and the premises upon which it was erected, containing 320 acres, to sale. The gravamen of the suit was a mechanic’s lien. A special execution pursuant to the judgment was issued, under which the sheriff sold the entire 320 acres of land. Whether it was offered for sale in a body or in subdivisions of the section, does…
2Cases cited7 opinions
- Groff v. JonesNew York Supreme Court · 1831
- Boyd v. KocherIllinois Supreme Court · 1863
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
- Jackson, ex rel. Webb v. RobertsNew York Supreme Court · 1831
- McArthur v. BrowderSupreme Court of the United States · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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