Parks v. Kline
Mississippi Supreme Court
Appeal from the chancery court of Coahoma county. Hon. May, Chancellor. Suit by N. M. Parks against M. Kline and others. From a dismissal of the bill on demurrer, plaintiff appeals. The facts are fully stated in the opinion of the court. The chancellor decided this case on his construction of section 5051 of Code 1906, which he held was applicable. The court will observe that this section of the Code is in derogation of the common law and must be strictly construed.
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Appeal from the chancery court of Coahoma county. Hon. May, Chancellor. Suit by N. M. Parks against M. Kline and others. From a dismissal of the bill on demurrer, plaintiff appeals. The facts are fully stated in the opinion of the court. The chancellor decided this case on his construction of section 5051 of Code 1906, which he held was applicable. The court will observe that this section of the Code is in derogation of the common law and must be strictly construed. Railroad v. Johnson, 77 Miss. 735; Holloman v. Bennett, 44 Miss. 322, cited in Byrd v. State, 57 Miss. 246. Before dismissing…
1Opinion of the Court
Smith C. J.,
delivered the opinion of the court.
Appellant exhibited his bill in the court below against appellees, setting forth in substance, that John Hawkins died intestate in 1904, seised and possessed of certain land; that prior to his death Hawkins executed a deed of trust on this land to secure Seymour Bros, in the payment of an indebtedness due them, evidenced by his promissory note; that on August *1247, 1916, this deed of trust was foreclosed by the trustee therein, and the land purchased from the trustee by appellant; that when appellant purchased this land on August 7, 1916, there was a…
2Cases cited1 opinion
- Ashley v. YoungMississippi Supreme Court · 1901
3Cited by3 opinions
- Wood v. PaceMississippi Supreme Court · 1932
- In Re HilburnUnited States Bankruptcy Court, N.D. Mississippi · 1986
- Joiner v. Leflore Grocer Co.Mississippi Supreme Court · 1926