Weir v. Field
Mississippi Supreme Court
From the chancery court of Aclams county. Hon. W". R. Trigg, Chancellor. The appellant is the executor of L. B. Field, who died in 1884. At the time of his death L. B. Field was indebted to O. K. Field in the sum of $4000, secured by mortgage on land.
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From the chancery court of Aclams county. Hon. W". R. Trigg, Chancellor. The appellant is the executor of L. B. Field, who died in 1884. At the time of his death L. B. Field was indebted to O. K. Field in the sum of $4000, secured by mortgage on land. In 1885, the latter filed a suit of foreclosure against appellant and the heirs of said L. B. Field, and during the same year a decree of foreclosure was rendered which adjudicated the amount due and condemned the land to the payment thereof. Default having been made in the payment of the debt, the land was sold by the special commissioner named…
1Opinion of the CourtCampbell, J.
We fail to discover any good reason for limiting the exercise of the power conferred by § 1935 of the code to the term of the court at which the sale of property is confirmed, and are of opinion that a decree for the balance may be moved for, as provided, at any time before the statute of limitations bars the execution of a decree. Person v. Barlow, 35 Miss. 174.
Every such suit as that section relates to is for a decree in rem, and in personam, for any balance, and where there is a balance shown, may be regarded as a pending suit as to that until a decree for it. Therefore, no statute runs on…
2Cases cited1 opinion
- Person v. BarlowMississippi Supreme Court · 1858
3Cited by4 opinions
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