Legal Opinion

Harold Mosley v. Triangle Townhouses, LLC

Court of Appeals of Mississippi

Decided July 28, 2015No. 2014-CA-01003-COAPublishedCited by 5 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. It has been said: “[Ejquity must follow the law. But where the law provides no remedy, equity may do so.” 1 To that we would add: Since “equity must follow the law,” where the law prohibits a remedy, equity may not do so.

¶ 2. Here, Harold Mosley asked equity to do what Mississippi law prohibits — pay him, a nonlicensed real estate broker, a real estate broker’s commission. 2 But the equitable powers of the chancery court cannot be used to circumvent public policy. Because Mississippi has a clear public policy that only licensed real estate brokers can render and…

2Cases cited4 opinions

  1. Scaggs v. GPCH-GP, INC.Mississippi Supreme Court · 2006
  2. Joel v. JoelMississippi Supreme Court · 2010
  3. Thigpen v. KennedyMississippi Supreme Court · 1970
  4. Davis v. PaepkeCourt of Appeals of Mississippi · 2009

3Cited by5 opinions

  1. Jimmy D. Kendall, Jr. v. Kersh MayCourt of Appeals of Mississippi · 2016
  2. Pierce Realty Inc. and Darian Pierce v. Dennis Pierce, Dennis Pierce Inc., Piercon Inc., and Westover Crossing LLC;Court of Appeals of Mississippi · 2020
  3. Transnational Ventures, Inc. v. Derr Plantation, Inc.Court of Appeals of Mississippi · 2016
  4. Watson Laboratories, Inc. v. State of MississippiMississippi Supreme Court · 2018
  5. Watson Laboratories, Inc. v. State of MississippiMississippi Supreme Court · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API