Harold Mosley v. Triangle Townhouses, LLC
Court of Appeals of Mississippi
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
- Scaggs v. GPCH-GP, INC.Mississippi Supreme Court · 2006
- Joel v. JoelMississippi Supreme Court · 2010
- Thigpen v. KennedyMississippi Supreme Court · 1970
- Davis v. PaepkeCourt of Appeals of Mississippi · 2009
3Cited by5 opinions
- Jimmy D. Kendall, Jr. v. Kersh MayCourt of Appeals of Mississippi · 2016
- Pierce Realty Inc. and Darian Pierce v. Dennis Pierce, Dennis Pierce Inc., Piercon Inc., and Westover Crossing LLC;Court of Appeals of Mississippi · 2020
- Transnational Ventures, Inc. v. Derr Plantation, Inc.Court of Appeals of Mississippi · 2016
- Watson Laboratories, Inc. v. State of MississippiMississippi Supreme Court · 2018
- Watson Laboratories, Inc. v. State of MississippiMississippi Supreme Court · 2018