Legal Opinion

Duncan v. Robertson

Mississippi Supreme Court

Decided April 15, 1880Published

Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor, did not preside in this case, but George A. EyaNS acted as Chancellor pro hac vice. The appellee’s judgment against the married woman is Yoid, and the sale thereunder would cast a cloud on the appellant’s title. Code 1871, § 1783; Hat-din v. Phelan, 41 Miss. 112; Whitworth v. Garter, 43 Miss. 61; Pollen v. James, 45 Miss. 129 ; Choppin v. Harmon, 46 Miss. 304; Bank of Louisiana y.

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Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor, did not preside in this case, but George A. EyaNS acted as Chancellor pro hac vice. The appellee’s judgment against the married woman is Yoid, and the sale thereunder would cast a cloud on the appellant’s title. Code 1871, § 1783; Hat-din v. Phelan, 41 Miss. 112; Whitworth v. Garter, 43 Miss. 61; Pollen v. James, 45 Miss. 129 ; Choppin v. Harmon, 46 Miss. 304; Bank of Louisiana y. Williams, 46 Miss. 618 ; Gary v. Dixon, 51 Miss. 593 ; Griffin v. Bagan, 52 Miss. 78; Travis v. Willis, 55 Miss. 557. The appellant shows…

1Opinion of the CourtChalmers, J.

Mr. Duncan filed his bill, to enjoin the sale of a tract of land under an execution emanating from a judgment against his wife in favor of Robertson, the defendant. He alleged that the land belonged to him, and not to his wife, and that the judgment against the wife was void, but that a sale and conveyance of the land under it would cast a cloud upon his title. The proof developed the fact that his own title was void. The land originally belonged to the wife, and the husband derived title through an execution sale, based upon a judgment recovered against the wife by one Sykes. In the suit…

2Cases cited2 opinions

  1. Griffin v. RaganMississippi Supreme Court · 1876
  2. Magruder v. BuckMississippi Supreme Court · 1879

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