Kirkpatrick v. Miller
Mississippi Supreme Court
Error to the Circuit Court of Lafayette County. Hon. Orlando Davis, Judge. ’Plaintiff’s declaration in the court below alleged that defendants’ intestate, in his life time, sold to plaintiff’s testator a tract of land, executing a deed thereto, with covenants of warranty. That under said deed the testator took possession.
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Error to the Circuit Court of Lafayette County. Hon. Orlando Davis, Judge. ’Plaintiff’s declaration in the court below alleged that defendants’ intestate, in his life time, sold to plaintiff’s testator a tract of land, executing a deed thereto, with covenants of warranty. That under said deed the testator took possession. That afterwards, the heirs of one Wylie brought an action of ejectment against the testator, claiming adversely to the deed, and that they recovered judgment, under which a writ of habere facias issued against the testator. That the testator then bought in the title of the…
1Opinion of the CourtSimrall, J.
This suit arises out of this condition of facts: H. R. Miller sold and conveyed on the 18th of June, 1860, to Alexander Kirkpatrick, a section of land, and covenanted to warrant and defend the title to the said Kirkpatrick, his heirs, etc., against all persons whatsoever, under which deed the vendee took possession. After-wards, the heirs of one John N. Wylie, claimed title to the premises, sued in ejectment and recovered judgment and took out the writ of habere facias possessionem against Kirkpatrick, who, to protect his possession, bought in the title of the heirs of Wylie for $698.60.
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2Cases cited5 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Sterling v. PeetSupreme Court of Connecticut · 1841
- Woodward v. AllanCourt of Appeals of Kentucky · 1835
- Hill v. SamuelMississippi Supreme Court · 1856
3Cited by14 opinions
- Bush v. AdamsSupreme Court of Florida · 1886
- Green v. IrvingMississippi Supreme Court · 1877
- Simon v. WilliamsMississippi Supreme Court · 1925
- Mizamore v. BerglinSupreme Court of Alabama · 1916
- Peterson v. HowellSupreme Court of Florida · 1930
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