Cocks v. Simmons
Mississippi Supreme Court
Error to the Circuit Court of Holmes County. Hon. W. Cothran, Judge. 1. The purchaser is to be considered as contracting with the court by which the sale was made through its agent, the commissioner. Andrews v. Scotton, 2 Bland, 629, 642. A collateral attack is allowable only in case the sale is void.
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Error to the Circuit Court of Holmes County. Hon. W. Cothran, Judge. 1. The purchaser is to be considered as contracting with the court by which the sale was made through its agent, the commissioner. Andrews v. Scotton, 2 Bland, 629, 642. A collateral attack is allowable only in case the sale is void. Anderson v. Roberts, 18 Johns. 515. This cannot be if it is valid as to some persons, but may be avoided at the election of others, or if it is capable of confirmation or ratification. Boyd v. Blanlcman, 29 Cal. 85. That only is void which is done against law, at the very time of doing it, and…
1Opinion of the CourtGeorge, C. J.
This is an action of ejectment for the recovery of a valuable plantation in Holmes County, and resulted in a verdict and judgment for the plaintiffs in the court below, from which the defendant sued out this writ of error. Both parties claimed under Samuel B. Simmons. The plaintiffs deraigned title from said Samuel B. Simmons by introducing a deed from him to Crosby S. Skidmore, dated Nov. 14, 1859, by which the plantation in controversy, consisting of eleven hundred and sixty-six acres, was conveyed to said Crosby S. Skidmore, for the consideration of $64,000, which sum appeared on the face…
2Cases cited5 opinions
- Cannon v. CooperMississippi Supreme Court · 1861
- Crawford v. RedusMississippi Supreme Court · 1877
- Harris v. RansomCourt of Appeals of Mississippi · 1852
- Wilson v. DuncanMississippi Supreme Court · 1870
- Billups v. BranderMississippi Supreme Court · 1879
3Cited by22 opinions
- Walker v. GoldsmithOregon Supreme Court · 1886
- Hester v. HesterMississippi Supreme Court · 1912
- Western Union Telegraph Co. v. Union Pacific Railway Co.United States Circuit Court · 1880
- Stephenson v. New Orleans & N. E. R.Mississippi Supreme Court · 1937
- House v. Gumble & Co.Mississippi Supreme Court · 1900
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