Christian v. O'Neal
Mississippi Supreme Court
Appeal from chancery court of Lowndes county. Foote, J. The opinion of the court states all the facts of this case necessary to an understanding of the views of the court, except the particulars of the suit in which, was rendered the judgment against E. P. Davis, under which appellant claimed title to the land by purchase at an execution sale.
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Appeal from chancery court of Lowndes county. Foote, J. The opinion of the court states all the facts of this case necessary to an understanding of the views of the court, except the particulars of the suit in which, was rendered the judgment against E. P. Davis, under which appellant claimed title to the land by purchase at an execution sale. That suit was instituted in the circuit court of Lowndes county against D. H. Davis (drawer of the bill of exchange sued on), who resided in that county, and E. P. Davis, acceptor, who resides in Noxubee county. Summons to Lowndes was executed on D. H.…
1Opinion of the Court
Simrall, J.:
Thomas Christian bought the premises in controversy at sheriff’s sale, under a judgment recovered against E. H. *671Davis by Walter & Fisher, 23d April, 1866. Just before the sale, the attorney for W. H. O’Neal proclaimed that Ms client had a mechanic’s lien on the premises and buildings thereon against Davis, wMch was superior to that of the •judgment; that suit was pending to enforce it, and bidders must take notice and buy at their peril. The attorney for Walter & Fisher denied the existence of such lien, and affirmed that if it ever had force it had expired by the statute of…
2Cases cited7 opinions
- Bacon v. GardnerMississippi Supreme Court · 1851
- Crizer v. GorrenMississippi Supreme Court · 1867
- Mitchell v. HarrisMississippi Supreme Court · 1870
- Pool v. HillMississippi Supreme Court · 1870
- Lamkin v. NyeMississippi Supreme Court · 1870
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3Cited by19 opinions
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- Cushing v. CummingsSupreme Court of Oklahoma · 1919
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