Moody v. Harper
Mississippi Supreme Court
Ik error from the circuit court of Hinds county; Hon. John J. Guión, judge. This case was before the court at a former term, (25 Miss. 484,) where the facts will be found fully set forth. A plea was filed by the appellee that the appellant had obtained an injunction, and had thereby released all errors, which was overruled by the court.
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Ik error from the circuit court of Hinds county; Hon. John J. Guión, judge. This case was before the court at a former term, (25 Miss. 484,) where the facts will be found fully set forth. A plea was filed by the appellee that the appellant had obtained an injunction, and had thereby released all errors, which was overruled by the court. The jury found in favor of Harper, who was plaintiff in the court below; and Moody made a motion for a new trial which was overruled, and he then prayed a writ of error to this court. This case was formerly before this court and was reversed and remanded. See…
1Opinion of the CourtJustice Hamdy
The plaintiff and defendant in this case claim title to the land in controversy as purchasers at sheriffs’ sales under executions against John Shields; and the merits of the case depend upon the question whether the judgment under which the one or the other purchased was the superior lien upon the land.
The plaintiff claims under a judgment or forthcoming bond forfeited at October term, 1837, and an execution sale at which be became the purchaser in May, 1844.
The defendant claims under three judgments rendered at April term, 1838, on one of which a forthcoming bond was forfeited in March, 1839…
Also in this document: Concurrence.
2Cases cited1 opinion
- Bacon v. ConnMississippi Chancery Courts · 1842
3Cited by2 opinions
- Jenkins v. GowenMississippi Supreme Court · 1859
- Douglas v. TwomblySupreme Court of Arkansas · 1867