Graham v. Warren
Mississippi Supreme Court
From the circuit court of Scott county. Hon. John R. Enochs, Judge. Graham and othérs, appellants, were plaintiffs and Warren, appellee, defendant in the court below. The action was an ejectment brought by plaintiff, one of whom was the surviving partner of the firm of M.‘ D. Graham & Co. and the others the heirs at law of M. D. Graham, deceased, against Warren, appellee, to recover certain land- described in the. declaration.
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From the circuit court of Scott county. Hon. John R. Enochs, Judge. Graham and othérs, appellants, were plaintiffs and Warren, appellee, defendant in the court below. The action was an ejectment brought by plaintiff, one of whom was the surviving partner of the firm of M.‘ D. Graham & Co. and the others the heirs at law of M. D. Graham, deceased, against Warren, appellee, to recover certain land- described in the. declaration. Defendant pleaded ‘ ‘ Not guilty, ’ ’ with notice of claim for improvements, taxes, etc. After proving title out of the government, plaintiffs offered the list of lands…
1Opinion of the CourtCalhoon, J.
It is true that the defendant below could not defeat the ejectment suit on the ground that appellants were incapacited to buy at the tax sale. The reason is that this is an equitable defense, which is not admissible at law. Morgan v. Blewitt, 72 Miss., 903 (17 South., 601), cited in brief for appellants. But the plaintiffs below were not the vendors of Warren, and show no conveyance to them from Hi Eastland & Co., who were his vendors. Even if vendors, they could not get along without putting him in default by tender of conveyance and demand of payment. Under their bill of particulars of…
2Cases cited1 opinion
- Morgan, Robertson & Co. v. BlewittMississippi Supreme Court · 1895
3Cited by2 opinions
- Shepherd v. CoxMississippi Supreme Court · 1941
- Shepherd v. CoxMississippi Supreme Court · 1941