Otley v. Haviland, Clark & Co.
Mississippi Supreme Court
Error to the Chancery Court of Lowndes county. Hon. William L. Harris, chancellor. Defendants demur to the whole bill, and assign some ten causes of demurrer.
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Error to the Chancery Court of Lowndes county. Hon. William L. Harris, chancellor. Defendants demur to the whole bill, and assign some ten causes of demurrer. We will confine ourselves to the seventh cause, which presents the question whether the lien of the mechanic attached to Hill’s interest in the lot and the building erected thereon, and whether that interest accompanied with possession until sale by the stipulations of deed in trust could be sold, by proceeding in strict conformity in the mode pointed out by the statute, and vest in the purchaser such title as Hill had. Among all the…
1Opinion of the CourtIIaNDY, J.
This bill was filed by the appellant to assert and enforce an equitable title to certain lots in the town.of Columbus, and the buildings erected thereon.
It appears by the bill, that in the year 1846, one Winston conveyed the lots to one Malone, who executed a deed of trust to one Banks, as trustee, to secure the purchase-money; that on the 1st June, 1847, Malone conveyed the lots to one Hill, who executed a deed of trust to one Stewart, as trustee, to secure his purchase-money ; that in March, 1848, Hill executed to one Symons a note for a sum of money due for lumber and materials furnished…
2Cases cited2 opinions
- Baldwin v. JenkinsMississippi Supreme Court · 1851
- Hoover v. WheelerMississippi Supreme Court · 1852
3Cited by12 opinions
- McLaughlin v. GreenMississippi Supreme Court · 1873
- Buchanan v. SmithMississippi Supreme Court · 1870
- McAllister v. CloptonMississippi Supreme Court · 1875
- Allis-Chalmers Co. v. Central Trust Co.Court of Appeals for the First Circuit · 1911
- Durkee v. KoehlerNebraska Supreme Court · 1905
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