Rigby v. Lefevre
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. U. M. Young, Judge. The case is stated in the opinion of the court. The question at the root of the controversy is, did the court below properly interpret the return on the subpoena in the foreclosure suit? The sheriff, by the writ, was required to summon the defendants to be and appear, and he returns that he has £ £ executed ” the process.
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Error to the Circuit Court of Warren County. Hon. U. M. Young, Judge. The case is stated in the opinion of the court. The question at the root of the controversy is, did the court below properly interpret the return on the subpoena in the foreclosure suit? The sheriff, by the writ, was required to summon the defendants to be and appear, and he returns that he has £ £ executed ” the process. Clearly, no other meaning can be attached to this word than that he has in fact personally summoned all the defendants to be and appear as he was commanded, for in no other way could he have performed the…
1Opinion of the CourtCooper, J.
This is an action of ejectment brought by the appellees to-recover possession of certain lands which had descended to-them from their father, Hal W. Green, who died in the year-1858. The lands had descended to Hal W. Green from his mother, encumbered by a mortgage executed by her to secure a debt to Thomas Rigby, the husband of one of the apppellants. On the thirty-first day of May, 1859, Thomas Rigby filed-his bill in the Chancery Court of Warren County against James-C. Newman, administrator' of Hal W. Green, Fanny C-Green, widow, and the appellees, the heirs-at-law of Hal W. Green, for the…
2Cases cited3 opinions
- Harrington v. WoffordMississippi Supreme Court · 1871
- Campbell v. HaysMississippi Supreme Court · 1867
- Bacon v. S. Bevan & Co.Mississippi Supreme Court · 1870
3Cited by3 opinions
- Sodini v. SodiniSupreme Court of Minnesota · 1905
- Hite v. Queen's HospitalHawaii Supreme Court · 1942
- Gibson v. CurrierMississippi Supreme Court · 1903