Day v. Hartman
Mississippi Supreme Court
From the chancery court of Lincoln county. Hartman obtained a judgment in the circuit court against L. D. and B. O. Day, which was duly enrolled.
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From the chancery court of Lincoln county. Hartman obtained a judgment in the circuit court against L. D. and B. O. Day, which was duly enrolled. The record of the judgment and its enrollment being destroyed by fire, the appellee filed his bill in chancery setting up the facts and averring that defendant, Hardy, had sold the Days a tract of land, valuable for its timber; that the Days had erected a steam sawmill on the land, and were converting the timber into lumber and shipping it out of the state; that they had no property subject to execution, except their interest in the land, the' mill,…
1Opinion of the CourtWhitfield, J.
We cannot, on appeal, disturb the decree overruling the demurrers, on the ground that the chancery court had no jurisdiction. Const. 1890, sec. 147; Cazeneuve v. Curell, 70 Miss., 521. The claim as to the,exempt oxen seems not to be insisted on. The answers disclaim ownership, and the proof supports the answers. Besides, the bill averred L. D. Day to be the owner of three oxen, and B. O. Day to be the owner, of six yoke of oxen, and the decree only directed the sale of four yoke of oxen.
Whether, in the absence of any proof, the lumber in this case could be held subject to “waste and decay,”…
2Cases cited2 opinions
- Cazeneuve v. CurellMississippi Supreme Court · 1893
- Goodman v. MossMississippi Supreme Court · 1886
3Cited by4 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Talbot & Higgins Lumber Co. v. McLeod Lumber Co.Mississippi Supreme Court · 1927
- Hancock v. DodgeMississippi Supreme Court · 1904
- Taylor v. HinesMississippi Supreme Court · 1954