Bethea v. Rahaim

Dissenting Opinion.

Smith, C. J.,

delivered a dissenting opinion.

I am of the opinion that the court below erred in setting aside the receiver’s sale of this'property. The appellee is not attempting to assert a right to enforce a lien on the property or to assert a claim of ownership thereto notwithstanding its sale by the receiver; consequently the cases of Gayden v. Tufts, 68 Miss. 691, 10 So. 53 and Cashin v. Murphy, 132 Miss. 834, 96 So. 747, have no application here.

Section 469, Code of 1930, as amended by Chapter 327, Laws of 1936, authorizes the chancery court and the chancellor in…