Perryman v. Gardner
Mississippi Supreme Court
Appeal from Chancery Court of Tishomingo county. Hon. W. I). Bradford, chancellor. Appellants, with S. S. Shaw and other complainants, filed their bill to enforce vendor’s lien against appellees. At the March Term, 1868, a final decree for the sale of the lands was made, after process returned properly executed, and proof of publication.
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Appeal from Chancery Court of Tishomingo county. Hon. W. I). Bradford, chancellor. Appellants, with S. S. Shaw and other complainants, filed their bill to enforce vendor’s lien against appellees. At the March Term, 1868, a final decree for the sale of the lands was made, after process returned properly executed, and proof of publication. During the term, a motion was made by all the complainants, except appellants, to set aside the final decree for the following reasons: 1. Because the bill was filed without their knowledge, authority, or consent.— 2. Because they are interested in the land…
1Opinion of the CourtPeyton, J.
On the 21st day of March, 1868, the Chancery Court of Tishomingo county rendered a decree in favor of James Perry-man and wife, two of the complainants, against S. O. Gardner and T. E. Powell, defendants; and at the same term, upon motion of S. P. Shaw and other complainants in said cause, the court, after hearing argument of counsel on both sides, set aside the said decree.
Prom this order or decree, the appellants bring the case into this court by appeal, and insist that the court, in setting aside said decree, erred.
The order appealed from is not a final decree, nor is it such an…
2Cases cited1 opinion
- Borden v. HoustonTexas Supreme Court · 1847
3Cited by1 opinion
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