Harper v. Hill
Mississippi Supreme Court
Appeal from the Superior. Court of Chancery. Hon. Charles Scott, chancellor. This is an appeal from an order overruling the-demurrer of Harper, to the bill of Sarah Shields, Susan P. Hill, and Edwin Moody. The bill shows that Harper purchased certain lots under execution against John Shields; that he instituted an action of ejectment against Moody, who “ was in possession of said lots under what he supposed was a good title to the same.”
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Appeal from the Superior. Court of Chancery. Hon. Charles Scott, chancellor. This is an appeal from an order overruling the-demurrer of Harper, to the bill of Sarah Shields, Susan P. Hill, and Edwin Moody. The bill shows that Harper purchased certain lots under execution against John Shields; that he instituted an action of ejectment against Moody, who “ was in possession of said lots under what he supposed was a good title to the same.” That Harper recovered a judgment, and an habere facias will issue. That, since the rendition of the judgment, complainants Shields and Hill “have placed said…
1Opinion of the CourtSmith, C. J.
This was a bill filed in the Superior Court of Chancery. The object of the suit was to restrain process at law; to set aside a sale of certain real estate made by the sheriff of Hinds county; and to have the deeds made to the purchaser declared void, and delivered up for cancellation.
The facts alleged in the bill are substantially as follow: A judgment, on a forfeited forthcoming bond, was entered against John Shields and others, at the November Term, 1837, of the Circuit Court of Hinds county; upon which, on the 13th of February, 1838, execution issued, and ivas levied on certain slaves, the…
2Cited by3 opinions
- Moody v. HarperMississippi Supreme Court · 1860
- Hughes v. Wilkinson's LesseeMississippi Supreme Court · 1859
- Cocke v. FooteMississippi Supreme Court · 1873