Swofford v. Garmon
Mississippi Supreme Court
Appeal from tbe Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the facts in the case.
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Appeal from tbe Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the facts in the case. The following is assigned for error, to-wit: 1. The court below erred in setting aside the sale made by the commissioner, and in refusing to confirm his report of sale. 2. The court below erred in ordering a resale of the land by the commissioner. 8. The court below erred in requiring the commissioner, who is the clerk of the court, to give additional or special bond, without good cause shown. While it is in the discretion of the…
1Opinion of the CourtSimrall, J.
The chancery court was of opinion that the quarter section of land mentioned in the pleadings could not, beneficially to the co-tenants, be partitioned, and therefore ordered a sale in order that the money might be distributed.
Hawkins, the clerk of the court was appointed a commissioner to make the sale ; the decree did not require that he should execute a special bond. But on the coming in of his report, the appellees objected to a confirmation of the sale, for reasons among others that the bond had not been given.
This subject is regulated by statute; the chancery court may appoint two or…
2Cases cited1 opinion
- Mitchell v. HarrisMississippi Supreme Court · 1870
3Cited by6 opinions
- Hartman v. McInnisMississippi Supreme Court · 2007
- Johnson v. MooreSupreme Court of Kansas · 1885
- Allen v. MartinMississippi Supreme Court · 1883
- Wabash Railroad v. FlanniganMissouri Court of Appeals · 1902
- Standard Lumber & Mfg. Co. v. Deposit Guaranty Bank & Trust Co.Mississippi Supreme Court · 1934
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