McKenzie v. Fellows
Mississippi Supreme Court
From the chancery court of, second district, Jones county. Hon. Samuel Whitman, Chancellor. Mrs. Fellows, appellee, was complainant in the court below; McKenzie, appellant, was defendant there. From the decree overruling a demurrer to the bill of complaint defendant appealed to the supreme court The facts are sufficiently stated in the opinion of the court.
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From the chancery court of, second district, Jones county. Hon. Samuel Whitman, Chancellor. Mrs. Fellows, appellee, was complainant in the court below; McKenzie, appellant, was defendant there. From the decree overruling a demurrer to the bill of complaint defendant appealed to the supreme court The facts are sufficiently stated in the opinion of the court. While this suit to enforce the lien for labor and material was pending, and about a month and a half before judgment was obtained, Stewart, the owner of the property, and the man against whom the suit was pending, conveyed the property in…
1Opinion of the CourtSmith, J.
Appellee filed a bill in the court below to cancel a certain deed made to appellant to the land in controversy under a sale by virtue of a special execution issued upon a judgment rendered in a mechanic’s lien proceeding. In February, 1906, appellant instituted a proceeding against J. D. Stewart, the then owner of the property, to enforce a mechanic’s lien on the property. The contract under which the lien arose was a verbal one, and of course was not recorded. No lis pendens notice was filed in the office of the chancery clerk, as required by Code 1906, § 3148. After many continuances this…
2Cited by4 opinions
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