Gibson v. Marshall
Mississippi Supreme Court
Appeals from the Chancery Court of Warren County. HoN. Warren CowaN, Chancellor. S. S. Gibson and others, tenants in common, filed a bill in chancery for a partition of certain real property in Warren County.
Read the full summary
Appeals from the Chancery Court of Warren County. HoN. Warren CowaN, Chancellor. S. S. Gibson and others, tenants in common, filed a bill in chancery for a partition of certain real property in Warren County. On final hearing the Chancellor decreed a partition and ordered that the several tenants pay ratably to M. Marshall an attorney’s fee for conducting the partition proceedings; and it was further ordered that in case any one of them failed so to do that his interest in the land be sold to satisfy his part of the fee. S. S. Gibson having failed to pay his portion of the fee, his interest…
1Opinion of the Court
Cooper,’ C. J.,
delivered the opinion of the court.
The petition of Henderson was properly dismissed. He is a stranger to the record and is neither in possession of the land nor entitled to possession. That he has a debt against Klein, and has sued on it and garnished, the defendant, who is indebted to Klein and has given a mortgage to secure Klein, gives him no standing in this cause. His right to proceed in the proper manner to enforce his security against the land, if any he has, will not be impaired by any change in the possession of the land which may be made by any order in this cause.…
2Cases cited4 opinions
- People v. GrantCalifornia Supreme Court · 1872
- Redus v. HaydenMississippi Supreme Court · 1871
- Langley v. VollCalifornia Supreme Court · 1880
- Jones v. HooperMississippi Supreme Court · 1874
3Cited by1 opinion
- Emerick v. MillerIndiana Supreme Court · 1902