Mitchell v. Harris
Mississippi Supreme Court
Error to the chancery court of Noxubee county, Foote, J. The facts are recited in the opinion of the court. The plaintiff in error assigned the following errors: 1st. The court below erred in refusing to confirm the commissioner’s report of sale; in setting aside and vacating said sale, and ordering a re-sale of the land described in the decree.
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Error to the chancery court of Noxubee county, Foote, J. The facts are recited in the opinion of the court. The plaintiff in error assigned the following errors: 1st. The court below erred in refusing to confirm the commissioner’s report of sale; in setting aside and vacating said sale, and ordering a re-sale of the land described in the decree. The grounds presented by the record for setting aside the sale in this case, are resolved into the following: Inadequacy of price, the advanced bid, accident, and surprise. The sale was improperly set aside, it having been made with perfect…
1Opinion of the Court
Peyton, C. J.:. Henrietta B. Harris, on the 16th day of April, 1868, obtained a decree in the chancery court of Noxubee county, *323against George H. Harris, to foreclose a certain mortgage on land, executed by bim to secure the payment of a debt of $5,000 and interest thereon, and to sell the mortgaged premises for that purpose. And R. E. Y. Yates, the clerk of said court, was appointed to execute said decree, who sold the mortgaged property on the 6th day of July, 1868, at auction, for cash, to John H. Mitchell, for the sum of one hundred dollars. The said commissioner, at the next term of the…
2Cases cited1 opinion
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3Cited by7 opinions
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