Priebatsch v. Baptist Church
Mississippi Supreme Court
From the chancery court of Madison county. Hon. Warren Cowan, Chancellor. One Covington was the pastor of the African Methodist Episcopal Church, at Canton, Mississippi. In 1883 he purchased lumber from the appellant, Priebatsch, to erect a church building on a lot in Canton, used by the church, but owned by one Vh’den. The house was erected for the church, but Covington bought the lumber in his own name.
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From the chancery court of Madison county. Hon. Warren Cowan, Chancellor. One Covington was the pastor of the African Methodist Episcopal Church, at Canton, Mississippi. In 1883 he purchased lumber from the appellant, Priebatsch, to erect a church building on a lot in Canton, used by the church, but owned by one Vh’den. The house was erected for the church, but Covington bought the lumber in his own name. On failure to pay for the same, appellant instituted proceedings against him to enforce a mechanic’s lien on the building. Covington was the only person named as defendant in the petition.…
1Opinion of the CourtCampbell, J.
The appellant acquired the title to the house by his purchase and the right to remove it from the land, “with reasonable dispatch,” but failed to exercise his right of removal for some two years, when the lot was purchased by the Third Baptist Church and the building also, and afterwards the appellant was about to remove it in pursuance of the right acquired as stated. Although he exhibited a, cross-bill, he failed to attempt any explanation of this delay, which, unexplained, is decisive against his right to remove the building. The statute, code, § 1391, contemplates a prompt exercise of the…
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