Molpus v. Bostic Lumber & Manufacturing Co.
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Chancellor. Suit hy Mrs. M. J. Molpus against the Bostic Lumber ■& Manufacturing Company. Prom an order sustaining a •demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Chancellor. Suit hy Mrs. M. J. Molpus against the Bostic Lumber ■& Manufacturing Company. Prom an order sustaining a •demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court. That the judgment is void, cannot be denied successfully in the light of section 2724, Code of 1906, in part as follows: “But every freeholder or householder of the ■county shall be sued in the district in which he resides, if there be a justice (of the peace) acting therein and qualified to try the suit, or…
1Opinion of the CourtSykes, J.
Appellant here (complainant below) filed an ' original bill in the chancery court of Lauderdale county against the appellee (defendant), seeking to enjoin the sale of ■certain lands therein described under an execution issued ■upon a judgment obtained in a justice of the peace court in Meridian against the son of complainant. The bill alleges, in substance, that the appellant purchased the lands for a valuable consideration from her son after the above .judgment was enrolled against him, but before the execution thereon was issued. She alleges that the judgment was void because the suit was…
2Cases cited2 opinions
- Walker-Durr Co. v. MitchellMississippi Supreme Court · 1910
- Gordin v. MooreMississippi Supreme Court · 1885