Legal Opinion

Bell v. Flaherty

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 5 opinions

Error to the circuit court of Pontotoc county. Bradford, J. The facts appear in the opinion of the court. Cited Peal v. Henderson, 24 Miss. 106; Code, 317, 388. Cited Mooney v. Dorsey et al., 7 Smedes & Marsh. 15; Kelly v. Mills, 42 Miss. 267.

1Opinion of the Court

Simrall, J. :

Both parties derive title .to the locus in quo from the same source. The controversy is, which has the better? The plaintiff in error purchased at a sheriff’s sale under a. judgment recovered by him against E. H. Flaherty. The defendant in error claims title by purchase from E. H. Flaherty, 10th December, 1859.

The judgment under which the land was sold was recovered 10th October, 1860. The sale was made by the sheriff the 8th April, 1867, for the sum of $50.

The defendant purchased the premises on the. 10th December, 1859, on the consideration of one-half cash ($300), and the…

2Cases cited2 opinions

  1. Perkins v. SwankMississippi Supreme Court · 1871
  2. Walton v. HargrovesMississippi Supreme Court · 1868

3Cited by5 opinions

  1. Strickland v. KirkMississippi Supreme Court · 1875
  2. Stovall v. JudahMississippi Supreme Court · 1897
  3. Chisholm v. AndrewsMississippi Supreme Court · 1880
  4. Frye v. RoseMississippi Supreme Court · 1919
  5. Taylor v. MoselyMississippi Supreme Court · 1880

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