Irwin v. Lewis
Mississippi Supreme Court
Appeal from the Chancery Court of Claiborne County. Hon. James M. Ellis, Chancellor. In June, 1868, appellants recovered separate judgments against appellee. On the 27th March, 1871, v&nAitioni exponas was issued upon each of said judgments commanding the sheriff to sell lots one and two, in the town of Port Gibson, the same having previously been levied upon as the property of appellee under writs of fi.fa. The sheriff advertised the lots for sale.
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Appeal from the Chancery Court of Claiborne County. Hon. James M. Ellis, Chancellor. In June, 1868, appellants recovered separate judgments against appellee. On the 27th March, 1871, v&nAitioni exponas was issued upon each of said judgments commanding the sheriff to sell lots one and two, in the town of Port Gibson, the same having previously been levied upon as the property of appellee under writs of fi.fa. The sheriff advertised the lots for sale. Thereupon appellee presented his bill for an injunction of the sale, alleging that at the rendition of the judgments, he was a married man, a…
1Opinion of the CourtSimrall, J.
Two points have been made and argued in this court, in opposition to the decree of the chancery court.
Eirst. That Lewis, the appellee, did not have a homestead exemption in the premises levied upon by the judgment creditorsf the appellants.
Second. That a court of chancery had no jurisdiction, by its restraining process, to prevent the sale of the property under the executions, the remedy being adequate at law.
The case, as made by the pleadings and proofs at the final hearing, was that Lewis, with his wife and servants, was occupying the house and lot, in the suburbs of Port Gibson, estimated…
2Cases cited4 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Trotter v. DobbsMississippi Supreme Court · 1859
- Lessley v. PhippsMississippi Supreme Court · 1874
- McDonald v. MurphreeMississippi Supreme Court · 1871
3Cited by21 opinions
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- Gage v. NeblettTexas Supreme Court · 1882
- Staples v. RossiIdaho Supreme Court · 1901
- Felder Et Ux. v. Felder's EstateMississippi Supreme Court · 1943
- Lewton v. HowerSupreme Court of Florida · 1882
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