Koch & Dryfus v. Bridges
Mississippi Supreme Court
Appeal from the chancery court of Pike county. Peyton, Chancellor. The town of Summit in which the land was sold under execution, was not the county seat of the county. The other facts of the case are distinctly stated in the opinion of the court. The single question presented is, whether this sale was absolutely void, not merely irregular.
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Appeal from the chancery court of Pike county. Peyton, Chancellor. The town of Summit in which the land was sold under execution, was not the county seat of the county. The other facts of the case are distinctly stated in the opinion of the court. The single question presented is, whether this sale was absolutely void, not merely irregular. The advertisement, the appointment of clays of sale by the statute, and the fixing of the place of sale, at the courthouse of the county, are directions as to the manner of sale, intended to secure publicity and competition. All these directions have the…
1Opinion of the Court
Peyton, C. J.:
Nathan Koch and Leon Dreyfus, on the 8th day of June, 1870, filed their bill of complaint in the chancery court of Pike county, against H. Q. Bridges, S. L. Weathersby, and M. E. Weathersby, alleging that Samuel Kaiser and Albert Cohen recovered a judgment in the circuit court of said county against Nathan Schwab, on the 6th day of March, A. D. 1860, for the sum of $155 21, which was regularly enrolled, as the law requires, on the 20th day of March, 1860. And at the time of the rendition of said judgment against him, the said Schwab possessed and owned in his *256own right a certain…
2Cases cited2 opinions
- People v. SchermerhornNew York Supreme Court · 1855
- Campbell v. PhelpsMassachusetts Supreme Judicial Court · 1821
3Cited by33 opinions
- Yazoo & Mississippi Valley Railroad v. City of ClarksdaleSupreme Court of the United States · 1921
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Jones v. RogersMississippi Supreme Court · 1904
- Wilson v. Yazoo & M. v. R.Mississippi Supreme Court · 1942
- Hames v. IrwinSupreme Court of Alabama · 1949
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