Legal Opinion

Smith v. Doe ex dem. Otley

Mississippi Supreme Court

Decided December 15, 1853PublishedCited by 4 opinions

IN error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The opinion of the court contains a sufficient statement of the material facts of the case upon which the decision is based. Several grounds of error were assigned by the appellant, the chief of which is, that Hill had no such interest in the property as could be sold under execution.

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IN error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The opinion of the court contains a sufficient statement of the material facts of the case upon which the decision is based. Several grounds of error were assigned by the appellant, the chief of which is, that Hill had no such interest in the property as could be sold under execution. The deed from the trustee to Francis B. Clark, and the two deeds in trust executed by Hill, were introduced by the plaintiff himself; and thus the plaintiff attempts to set up the defence of defendants, and to forbid them from showing…

1Opinion of the CourtJustice Handy

The defendant in error brought ejectment in Lowndes circuit court, against the plaintiffs in error, for certain real estate in the town of Columbus, which he claimed as purchaser at sheriff’s sale, under an execution against one Greene Hill.

*296On the trial below, the plaintiff’s lessor, to support his title, offered in evidence a petition, proceedings, decree, and execution, at the suit of one Symons against Hill, to enforce a mechanics’ lien upon the premises, for lumber, &c., furnished to Hill, for the" erection of the buildings thereon. The petition was filed 8th September, 1848, praying for…

2Cited by4 opinions

  1. Griffin v. SheffieldMississippi Supreme Court · 1860
  2. Heard v. BairdMississippi Supreme Court · 1866
  3. Pickett v. Buckner, Newman & Co.Mississippi Supreme Court · 1871
  4. Hughes v. WilkinsonMississippi Supreme Court · 1855

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