Magruder v. Buck
Mississippi Supreme Court
Error to the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. Mrs. Montgomery sued Mrs. Magruder, who was a married woman, upon a contract of lease, and recovered a judgment against her for the rent of a plantation. An execution was issued upon the judgment, and levied by the sheriff, C. E. Buck, upon certain personal property belonging to Mrs. Magruder.
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Error to the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. Mrs. Montgomery sued Mrs. Magruder, who was a married woman, upon a contract of lease, and recovered a judgment against her for the rent of a plantation. An execution was issued upon the judgment, and levied by the sheriff, C. E. Buck, upon certain personal property belonging to Mrs. Magruder. Thereupon Mrs. Magruder, with whom her husband joined for conformity, brought this action of replevin to recover from the sheriff the property seized by him. A judgment was rendered for the defendant, and the plaintiffs sued out…
1Opinion of the CourtCampbell, J.
The judgment against Mrs. Magruder, on which was issued the execution by virtue of which Buck, as sheriff, seized the property sued for in this action, was void, because it does not appear from the record of it to have been in a state of case in which she, being a married woman, could lawfully contract. Griffin et al. v. Ragan et al., 52 Miss. 78.
The judgment being void, the execution to enforce it does not entitle the sheriff to hold the property seized by virtue of it, against the writ of replevin sued out by Mrs. Magruder.
The ground on which the judgment mentioned is pronounced void is,…
2Cases cited1 opinion
- Griffin v. RaganMississippi Supreme Court · 1876
3Cited by1 opinion
- Duncan v. RobertsonMississippi Supreme Court · 1880