Nugent v. Powell
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. JSon.. E. .Cr. Peyton, Chancellor. Under executions issued upon a judgment in favor of J. R. Powell, against James Y. McNeill, certain lands belonging to the defendant, and lying in Le Flore County, were sold, in the year 1882, by the sheriff of that county, and bought by the plaintiff in execution.
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Appeal from the Chancery Court of Madison County. JSon.. E. .Cr. Peyton, Chancellor. Under executions issued upon a judgment in favor of J. R. Powell, against James Y. McNeill, certain lands belonging to the defendant, and lying in Le Flore County, were sold, in the year 1882, by the sheriff of that county, and bought by the plaintiff in execution. The sheriff made two deeds for the land, different tracts having been sold under two executions, each deed reciting that Powell’s purchase was “ for himself and his attorneys, William L. Nugent and Thomas A. McWillie,” though one was a conveyance…
1Opinion of the CourtCooper, C. J.
Section 1847 of the Code of 1880 authorizes the institution of a suit in equity in any county where the property in controversy, or some part thereof, is situated, or in any county where the defendant or some necessary party defendant may reside or be found. This is a general statute governing the venue of suits in equity in all cases which are not controlled by specific and narrower statutory provisions. But by § 2553 of the code, it is expressly declared that partition of land “ may be made by decree of the chancery court of that county in which the lands, or some part thereof, sought to be…
2Cited by8 opinions
- Yeates v. BoxMississippi Supreme Court · 1945
- Mitchell v. PorterCourt of Appeals of Texas · 1917
- Cooper v. FoxMississippi Supreme Court · 1889
- Baca v. AnayaNew Mexico Supreme Court · 1908
- Beebe v. Louisville, N. O. & T. R.U.S. Circuit Court for the District of Northern Mississippi · 1889
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