Doe v. Natchez Insurance
Court of Appeals of Mississippi
In ERROR from the Adams circuit court; Hon. 0. 0. Cage, judge. John Doe, on the demise of John N. Helm, sued Richard Roe, i. e. The Natchez Insurance Company, defendants in ejectment. The usual consent rule having been entered into and plea filed, a jury was empanelled, who found for the defendants.
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In ERROR from the Adams circuit court; Hon. 0. 0. Cage, judge. John Doe, on the demise of John N. Helm, sued Richard Roe, i. e. The Natchez Insurance Company, defendants in ejectment. The usual consent rule having been entered into and plea filed, a jury was empanelled, who found for the defendants. It appears, from the bill of exceptions, that on the trial it was admitted that the defendants were in possession of the premises in controversy ; and that the plaintiff then offered to read to the jury the record of a judgment for $16,212 50 obtained by Stanton, Buckner & Co. against the Natchez…
1Opinion of the CourtChief Justice ShaRKey
The plaintiff in error purchased a lot in the city of Natchez, at a sale made by the sheriff, under a judgment against the defendants, and brought this action of ejectment to recover possession of the lot, but failed in consequence of the ruling out his evidence, which consisted of the judgment, the execution and the return thereon, and the sheriff’s deed. It is now assigned as error that (he court improperly ruled out the evidence.
In deducing title derived under a sheriff’s sale, as against the defendant in the execution, the usual course is to introduce the judgment, the execution and…
2Cases cited2 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Paige v. SessionsSupreme Court of the United States · 1846