Glenn v. Caldwell
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Unlawful detainer by appellant against appellees, tenants in possession of one Lee Caldwell.
Read the full summary
From the circuit court of the second district of Panola county. Unlawful detainer by appellant against appellees, tenants in possession of one Lee Caldwell. The land in suit was sold under an execution in favor of appellant against said Caldwell, appellant becoming the purchaser on August 7, 1893. The sheriff did not execute a deed thereto until February 14, 1894. The unlawful detainer suit was instituted on November 14, 1894, less than a year subsequent to the execution of the deed, but more than one year subsequent to appellant’s purchase at the sale. The land was incumbered with a deed of…
1DissentWhitfield, J.
The statute of limitations did not begin to run until the sheriff’s deed was made. In this we all concur. It is clearly settled by the following authorities: Endicott v. Penny, 14 Smed. & M., at p. 157; Leach v. Koenig, 55 Mo., at p. 453; Young v. Withers, 8 Dana (Ky.), at pp. 167, 168; Johnson v. Baker, *5387 Am. Dec., at p. 296; Strain v. Murphy, 49 Mo., at p. 340; People v. Mayhew, 26 Cal., at pp. 659, 660; and Anthony v. Wessel, 9 Lee (Cal.), 103. But from the judgment of the court, holding that, under our statute (code 1892, § 4461), unlawful detainer can be maintained against the tenant of…
2Cases cited9 opinions
- Harris v. StateMississippi Supreme Court · 1895
- Turner v. TurnerMississippi Supreme Court · 1855
- Womack v. PowersSupreme Court of Alabama · 1873
- Hatfield v. WallaceSupreme Court of Missouri · 1841
- Woodside v. RidgewayMassachusetts Supreme Judicial Court · 1879
4 more not listed; retrieve them via the Exa API.