Stephenson v. Miller
Mississippi Supreme Court
Ekror to the Chancery Court of Prentiss County. Hon. L. Haug-htoN, Chancellor. Stephenson, by virtue of the deed in trust, was clearly entitled to the rents.
Read the full summary
Ekror to the Chancery Court of Prentiss County. Hon. L. Haug-htoN, Chancellor. Stephenson, by virtue of the deed in trust, was clearly entitled to the rents. Foxworth v. Magee, 44 Miss. 480 ; Fr-win v. Hill, 47 Miss. 675 ; Bibrell v. Carlisle, 48 Miss. 691; Wiser v. Scruggs, 49 Miss. 705, 714; McDuff v. Beauchamp, 50 Miss. 581; Hand v. Winn, 52 Miss. 784. If he was not entitled to possession, that defence should have been made in the ejectment suit, and is now res adjudicaba. Carmichael v. Hunter, 4 How. 308; Pugh v. Holt, 27 Miss. 461; Agnew v. McMlroy, 10 S. & M. 552; Rice v. King, 7 Johns.…
1Opinion of the CourtChalMers, J.
Mrs. Miller, jointly with her husband, executed a trust-deed on her separate real estate to secure a promissory note of her husband, held by W. J. Stephenson. Default in payment having occurred, a sale of the land was made by the trustee, and the creditor, Stephenson, became the purchaser. He brought an action of ejectment on the deed received from the trustee and recovered judgment. A writ of habere facias possessionem having issued, this bill was filed by Mrs. Miller to enjoin the execution of the writ and to cancel the deed delivered by the trustee. If we gather correctly the theory upon…
2Cases cited1 opinion
- Reed v. ColemanMississippi Supreme Court · 1876
3Cited by1 opinion
- Ferdon v. MillerNew Jersey Court of Chancery · 1881