Jordan v. Bobbitt
Mississippi Supreme Court
From tbe circuit court of Leake county. Hon. James B. Byrd, Judge. This was an action of ejectment brought by the appellees, Bobbitt and others, and against the appellant, Jordan, to recover the land in controversy. The facts of the case are fully set out in the several opinions delivered by the members of thg court.
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From tbe circuit court of Leake county. Hon. James B. Byrd, Judge. This was an action of ejectment brought by the appellees, Bobbitt and others, and against the appellant, Jordan, to recover the land in controversy. The facts of the case are fully set out in the several opinions delivered by the members of thg court. This case is one in which there is a great mass of record evidence, and the court should have continued the case for the term in order to have given time to have introduced the testimony regularly and to have heard and understood the same, instead of rushing it through on…
1Concurrence
Calhoon, J.,
delivered the following concurring opinion:
If everything had been regular and complete, Mann would have had the title by his purchase under the decree of sale, and so, now appellant, who claims under him, would have it. The widow of A. I. Bobbitt died in June, 1904, and his heirs, her children, brought this action December 19, 1905, more than a year after her death. The right of appellant depends on § 2113 of the Code of 1811, which bars action against purchaser at probate or chancery sales “ where the sale is in good faith and the purchase money paid, unless brought within one…
2Cases cited8 opinions
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- H. Hiller & Co. v. JonesMississippi Supreme Court · 1889
- Sigman v. LundyMississippi Supreme Court · 1889
- Bradley v. VillereMississippi Supreme Court · 1889
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