Scottish American Mortgage Co. v. Butler
Mississippi Supreme Court
Appeal from the chancery court of Franklin county. Host. J. S. Hicks, Chancellor. The facts are fully stated in the opinion of the court. It seems clear to us that the question of complainant’s alienage cannot be raised in a case like this, by individuals.
Read the full summary
Appeal from the chancery court of Franklin county. Host. J. S. Hicks, Chancellor. The facts are fully stated in the opinion of the court. It seems clear to us that the question of complainant’s alienage cannot be raised in a case like this, by individuals. The complainant acquired possession of the .land in an orderly and legal way, and if it had no right to acquire and hold it on account of its alienage, it is well settled by an unbroken line of authorities that proceedings 'to oust it must be instituted by the sovereign and the sovereign only. An individual cannot do it, especially one who…
1Opinion of the CourtAnderson, J.
This is a bill by the appellant, Scottish American Mortgage Company, Limited, against the appellees, Ralph P. Butler et al., to enjoin an ejectment suit pending in the •circuit court of Franklin county, brought by appellees •against appellant for the lands in- controversy in this *62cause. A demurrer was interposed to the hill and overruled in. the court below, from which decree an appeal was granted to this court. The question raised by the demurrer was whether the chancery court had jurisdiction. The jurisdiction of the chancery court was by this court upheld. The case as here then will be…
2Cases cited12 opinions
- Oregon Mortgage Co. v. CarstensWashington Supreme Court · 1896
- Allen v. Alliance Trust Co.Mississippi Supreme Court · 1904
- Rivers v. Yazoo & Mississippi RailroadMississippi Supreme Court · 1907
- French v. DavisMississippi Supreme Court · 1859
- Lindenmayer v. GunstMississippi Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
- Dillon v. ElmoreIllinois Supreme Court · 1935
- Dorotea Zaldivar v. De Tenorio v. H. E. McGowanCourt of Appeals for the Fifth Circuit · 1975
- Osceola Fertilizer Co. v. BevilleSupreme Court of Florida · 1923
- Holcomb v. NettletonCourt of Appeals of Texas · 1931
8 more not listed; retrieve them via the Exa API.