Hoffman v. Smith
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. E. G. Peyton, Chancellor. Parties owning over a half interest in the property filed a bill for sale for partition. The owners of the other interests resisted the sale in good faith upon several substantial grounds. The case ivas argued and the Chancellor directed a sale to be made. A sale tvas made and set aside. Another sale Avas made and also set aside.
Read the full summary
Appeal from the Circuit Court of Hinds County. Hon. E. G. Peyton, Chancellor. Parties owning over a half interest in the property filed a bill for sale for partition. The owners of the other interests resisted the sale in good faith upon several substantial grounds. The case ivas argued and the Chancellor directed a sale to be made. A sale tvas made and set aside. Another sale Avas made and also set aside. From the decree setting aside the last sale an appeal Avas taken to this court and here decided. The case Avill be found reported ante, Allen v. Martin, page 78. When the case came up again…
1Opinion of the CourtCampbell, C. J.
Section 2577 of the Code of 1880 confers authority on the court to allow a reasonable solicitor’s fee to the solicitor'of the complainant in partition suits, to be taxed as a common charge on all the interests. “It is intended to confer power on the court to make the common property bear the cost of partition made for the good of all by allowing a solicitor’s fee for instituting and conducting the proceedings, without which partition or sale would not have been made.” Potts v. Gray, 60 Miss. 57. It gives the court discretion to be exercised to effect justice by imposing the reasonable cost of…
2Cases cited1 opinion
- Potts v. GrayMississippi Supreme Court · 1882
3Cited by12 opinions
- Dailey v. HoustonMississippi Supreme Court · 1963
- Walker v. WilliamsMississippi Supreme Court · 1904
- Blackmon v. BlackmonMississippi Supreme Court · 1977
- Lewis v. CrawfordSupreme Court of Arkansas · 1928
- Michael v. SphierOregon Supreme Court · 1929
7 more not listed; retrieve them via the Exa API.