Ivey v. White
Mississippi Supreme Court
Error to tbe Chancery Court of Chickasaw County. Hon-Austin Pollard, Chancellor. The opinion of tbe court contains a statement of the case. 1. The alleged judgments did not bind the property as against* the title conveyed by the deed to Scoggins. At all events the-judgments could only have that effect by Scoggins being made a party as required by the code, p. 828. It is not pretended that-he was so made a party.
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Error to tbe Chancery Court of Chickasaw County. Hon-Austin Pollard, Chancellor. The opinion of tbe court contains a statement of the case. 1. The alleged judgments did not bind the property as against* the title conveyed by the deed to Scoggins. At all events the-judgments could only have that effect by Scoggins being made a party as required by the code, p. 828. It is not pretended that-he was so made a party. Thus the sheriff’s sale was ineffectual to carry a valid title to Denton, under whom complainant claims; and the bill to remove clouds upon his title cannot be maintained. 89 Miss,,…
1Opinion of the CourtSimrall, J.
The record is unnecessarily prolix and voluminous, which serves to obscure, rather than to elucidate, the real controverted issue.
Both parties trace title back to H. Woldrop as a common source.
The complainant claims through a sheriff’s sale, made in 1868, to one Denton, under two judgments recovered against John Ivey, the husband of the defendant, in suits brought by a mechanic and a material man, asserting and maintaining a mechanic’s lien on the premises in controversy. The successive transfers of the property are as follows : The sheriff, under the judgments to Denton, who, in 1861, sold…
2Cases cited5 opinions
- McLaughlin v. GreenMississippi Supreme Court · 1873
- Otley v. Haviland, Clark & Co.Mississippi Supreme Court · 1858
- Buchanan v. SmithMississippi Supreme Court · 1870
- Boon v. BarnesMississippi Supreme Court · 1851
- Bell v. CooperMississippi Supreme Court · 1854
3Cited by4 opinions
- FIRST NAT. BK. OF GREENVILLE v. VirdenMississippi Supreme Court · 1950
- Weiss, Dreyfous & Seiferth, Inc. v. Natchez Inv. Co.Mississippi Supreme Court · 1932
- Real Estate Investment Co. v. HaseltineMissouri Court of Appeals · 1893
- Enterprise Plumbing Co. v. Bailey Mortgage Co.Mississippi Supreme Court · 1968