Provine v. Thornton
Mississippi Supreme Court
Prom the chancery court of Calhoun county. Hon. Isaac T. Blount, Chancellor. Thornton and others, appellees, were complainants in the court below; Provine and others, appellants, were defendants there. Prom a decree in complainants’ favor defendants appealed to the supreme court. The facts are stated in the opinion of the court. We call attention of the court to the exact terms of Code 1892, § 2443, which begins as follows: “All lands comprising a single tract.”
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Prom the chancery court of Calhoun county. Hon. Isaac T. Blount, Chancellor. Thornton and others, appellees, were complainants in the court below; Provine and others, appellants, were defendants there. Prom a decree in complainants’ favor defendants appealed to the supreme court. The facts are stated in the opinion of the court. We call attention of the court to the exact terms of Code 1892, § 2443, which begins as follows: “All lands comprising a single tract.” It seems to us that this means what it says, a “single tract,” and cannot mean a number of parcels of land not contiguous. If two or…
1Opinion of the CourtCalhoon, J.
This is a proceeding to annul a sale made by a substituted trustee. The land under consideration had been held for years, and was held at the time of the execution of the trust deed, by appellees as a home place, all as part of one plantation, although *401eighty acres of it were about a half mile removed from the balance of the property, but connected with it by a public road. The trustee, in making the sale, first sold this detached tract of eighty acres, announcing when he sold it that the sale was to be final, and it would not be resold together with the balance as a whole under the law. It…
2Cases cited2 opinions
- Shipp v. New South Building & Loan Ass'nMississippi Supreme Court · 1902
- White v. JenkinsMississippi Supreme Court · 1901
3Cited by5 opinions
- Bank of Commerce v. WilliamsWyoming Supreme Court · 1937
- Wilkerson v. HarringtonMississippi Supreme Court · 1917
- Clark v. CarpenterMississippi Supreme Court · 1947
- Clark v. SayleMississippi Supreme Court · 1950
- Texas Pacific Coal & Oil Co. v. MulvihillMississippi Supreme Court · 1946