Lessley v. Phipps
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Hon. I). N. Walker, Chancellor. The facts of the case are sufficiently stated in th© opinion of the court.
Read the full summary
Appeal from the chancery court of Adams county. Hon. I). N. Walker, Chancellor. The facts of the case are sufficiently stated in th© opinion of the court. The bills in this case are framed with a double aspect. 1. Considering the appellee’s claim as invalid,.it is alleged to be a cloud, and to cast a doubt and suspicion upon the title and interest of appellants, which a court of equity has jurisdiction to remove. 2. If the appellee is entitled to hold 240 acres of the land, as claimed by her, since that has not been ascertained and set apart to her in severalty, and she is in the use and…
1Opinion of the CourtSniRALL, J.
In July, 1867, James G. Lessley bought at sheriff’s sale, under judgments in attachment against the defendant, Mrs, Phipps, the plantation, being the lands about which this controversy arose. At the date of the rendition of these judgments, and of the sheriff’s sale, Mrs. Phipps was-residing upon, and in occupancy of the lands. Before the sale, on the 13th of June, 1867, Mrs. Phipps gave to the sheriff' a notice to be read at the sale, and returned with the executions, that she olaimed as exempt from execution 240 acres of the land, also household and kitchen furniture, &c., &c. This notice…
2Cases cited11 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Freeman v. HoweSupreme Court of the United States · 1861
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Planters' Bank v. SharpSupreme Court of the United States · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Musgrove v. Vicksburg & Nashville R. R.Mississippi Supreme Court · 1874
- Taylor v. StockwellIndiana Supreme Court · 1878
- Davis v. RupeIndiana Supreme Court · 1888
- Gage v. NeblettTexas Supreme Court · 1882
- Irwin v. LewisMississippi Supreme Court · 1874
15 more not listed; retrieve them via the Exa API.