Legal Opinion

Faler v. McRae

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 6 opinions

Error to the Circuit Court of Copiah County. Hon. S. S. CalhooN, Judge. In April, 1877, Daniel W. McRae brought an action of ejectment against Emanuel Hunter, to recover the possession of a certain tract of land. Hunter was in possession as the tenant of M. Faler and A. Mangold, who, upon their motion, were permitted to defend the action as landlords. A judgment was rendered for the plaintiff, and the defendants sued out a writ of error.

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Error to the Circuit Court of Copiah County. Hon. S. S. CalhooN, Judge. In April, 1877, Daniel W. McRae brought an action of ejectment against Emanuel Hunter, to recover the possession of a certain tract of land. Hunter was in possession as the tenant of M. Faler and A. Mangold, who, upon their motion, were permitted to defend the action as landlords. A judgment was rendered for the plaintiff, and the defendants sued out a writ of error. The other facts of the case are stated in the opinion of the court. 1. When the lien of a judgment has expired, the creditor cannot enforce • his judgment…

1Opinion of the CourtSimball, C. J.

• Both parties trace title back to McLemore, and deraign his *229title to themselves, respectively, through different channels. McLemore, at the time of his death, owned an unexpired lease of ninety-nine years. But a small part of the term had expired when he died. His widow was appointed administra-trix in 1860. In May, 1867, McEae recovered judgment against the administratrix. In March, 1875, he became a purchaser at the sheriff’s sale under that judgment. In 1875, the land was assessed for taxes to owner unknown, and in March, 1876, was sold to the State for taxes. On the 16th of December,…

2Cases cited1 opinion

  1. Ferguson v. ScottMississippi Supreme Court · 1873

3Cited by6 opinions

  1. Duff v. KeatonSupreme Court of Oklahoma · 1912
  2. Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
  3. Moulton v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922
  4. Magee v. TurnerMississippi Supreme Court · 1908
  5. Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906

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