Duke v. Clark
Mississippi Supreme Court
Appeal from the Circuit Court of Lee County. Hon. W. L. Clayton, Special Judge, by agreement of parties, Hon. J. A. Green being disqualified. This is an action of ejectment brought by Henry Duke, J.. D. Fontaine, and the heirs of C. D. Fontaine against the tenants in possession of a certain tract of land. Duncan Clark and W. A. Anderson, Jr., and Ella Anderson were admitted to defend the action as landlords.
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Appeal from the Circuit Court of Lee County. Hon. W. L. Clayton, Special Judge, by agreement of parties, Hon. J. A. Green being disqualified. This is an action of ejectment brought by Henry Duke, J.. D. Fontaine, and the heirs of C. D. Fontaine against the tenants in possession of a certain tract of land. Duncan Clark and W. A. Anderson, Jr., and Ella Anderson were admitted to defend the action as landlords. Duncan Clark died pending the litigation in the lower court, and the action was revived, as to his interest, against his heirs. The parties claimed title from a common source — W. A..…
1Opinion of the CourtCampbell, J.
The action of the court below in reference to the evidence of the judgment and execution, in favor oi Martin & Duke v. Anderson, and Miller v. Anderson, was erroneous. It was admissible for the plaintiffs to show ,that the three executions in the hands of the sheriff were levied on the land, and that it was sold under the three, although there was no indorsement of a levy on any of them except one. The failure of the sheriff to make the proper return on the executions did not affect the right of the purchaser, and the fact that the purchaser owned the judgments executed made no difference in…
2Cases cited8 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Wright & Co. v. LevyCalifornia Supreme Court · 1859
- Henderson v. DowningCourt of Appeals of Mississippi · 1852
- Harper v. TapleyMississippi Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mohr v. ByrneCalifornia Supreme Court · 1901
- Perry Nugent & Co. v. PriebatschMississippi Supreme Court · 1883
- Hart v. GardnerMississippi Supreme Court · 1902
- Clark v. DukeMississippi Supreme Court · 1882
- Chapman v. HughesMississippi Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.