Quarles v. Hiern
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. On May 9, 1891, appellant, Hale, recovered judgment in a justice court against appellee, Hiern and wife, on a promissory note for $187.43. The judgment recites that it was rendered by consent. The constable’s return showed that process was served’ personally on the defendants.
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From the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. On May 9, 1891, appellant, Hale, recovered judgment in a justice court against appellee, Hiern and wife, on a promissory note for $187.43. The judgment recites that it was rendered by consent. The constable’s return showed that process was served’ personally on the defendants. Execution was issued, under which certain land of the defendant, C. H. IIiern, was levied upon, and sold August 3, 1891, appellant Dale, the judgment creditor, purchasing a part thereof, and appellant Quarles the remainder. On February 2, 1892,…
1Opinion of the CourtCooper, J.
The decree in this cause must rest, either upon the fact found by the chancellor, that Hieru was never served with the process issued by the justice of the peace by whom the judgment in favor of Dale and against Hiern was rendered, or upon the other fact found by the chancellor, that there were irregularities in the sale, by reason of which it should be vacated. The decree is silent as to the facts found by the court. Being general in its terms, and the appellee not being represented in this court, we are not advised upon what ground the decree rests.
A careful scrutiny of the record fails to…
2Cases cited3 opinions
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