Glenn v. Caldwell
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Unlawful detainer by appellant against appellees, tenants in possession of one Lee Caldwell.
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From the circuit court of the second district of Panola county. Unlawful detainer by appellant against appellees, tenants in possession of one Lee Caldwell. The land in suit was sold under an execution in favor of appellant against said Caldwell, appellant becoming the purchaser on August 7, 1893. The sheriff did not execute a deed thereto until February 14, 1894. The unlawful detainer suit was instituted on November 14, 1894, less than a year subsequent to the execution of the deed, but more than one year subsequent to appellant’s purchase at the sale. The land was incumbered with a deed of…
1Opinion of the CourtCoox’ER, C. J.
The single question presented by this appeal is whether a purchaser of land at execxxtioxx sale may maintain the action of *51unlawful entry and detainer against the tenants of the defendant in execution. The court below was of opinion that he could not, and, on motion, dismissed the action.
We think he may. The statute, code of 1892, § 4461, provides that £ £ anyone deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cesi/ioi que trust, or other person against whom the possession of land is withheld, by…
2Cases cited1 opinion
- Butman v. JamesSupreme Court of Minnesota · 1886
3Cited by7 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Pool v. SneedCourt of Appeals of Texas · 1943
- Ferrell v. DeverickWest Virginia Supreme Court · 1919
- Williams v. JohnsonMississippi Supreme Court · 1936
- Taylor v. OrlanskyMississippi Supreme Court · 1908
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