Heirmann v. Stricklin
Mississippi Supreme Court
Appeal from the Chancery Court of Alcorn County. Hon. L. Haugiiton, Chancellor. On July 28,1881, A. J. Stricklin filed this bill against W. L. Stricklin, Mary Stricklin, E.E.
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Appeal from the Chancery Court of Alcorn County. Hon. L. Haugiiton, Chancellor. On July 28,1881, A. J. Stricklin filed this bill against W. L. Stricklin, Mary Stricklin, E.E. Brown, Heirmann & Kalin, and S. L. Sanders, a constable of the county, to enjoin the sale of the land in controversy, which was levied on under two judgments obtained in a justice’s court in favor of Heirmann & Kahn against W. L. and Mary Stricklin, alleging that W. L. and Mary Stricklin conveyed the land in April, 1881, to E. E. Brown, who on June 30,. 1881, conveyed it to the complainant, both sales being for valuable…
1Opinion of the Court
Cooper, J.,
delivered the ópinioñ of the court.
The judgment rendered by the justice of the peace on the twenty-eighth day of May, 1881, for the sum of $93 was not void. The process was shown to have been personally served on the defendant M. E. Stricklin, and W. L. Stricklin appeared and contested plaintiff’s demand. The judgment for $150.75, rendered on the twenty-fifth day of June, 1881, was void. It was a judgment by default at the return term, on service of process which is not shown to have been personal. The return was “ executed,” and while this return imports a legal service of the…
2Cases cited1 opinion
- Betts v. BaxterMississippi Supreme Court · 1880
3Cited by3 opinions
- J. T. Moore & Co. v. HoskinsMississippi Supreme Court · 1889
- Fultz v. PetersonMississippi Supreme Court · 1900
- Thomas v. StateMississippi Supreme Court · 1884