Legal Opinion

President of Natchez v. Minor

Mississippi Supreme Court

Decided January 15, 1848Published

In error from the circuit court of Adams county; Hon. C. C. Cage, judge. John Doe, on the demise of William J. Minor, brought an action of ejectment in the circuit court of Adams county to the May term, 1842, thereof. The notice was served on the president and selectmen of the city of Natchez, who appeared, entered into the consent rule, and plead not guilty.

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In error from the circuit court of Adams county; Hon. C. C. Cage, judge. John Doe, on the demise of William J. Minor, brought an action of ejectment in the circuit court of Adams county to the May term, 1842, thereof. The notice was served on the president and selectmen of the city of Natchez, who appeared, entered into the consent rule, and plead not guilty. A jury was impanelled, and the lessor of the plaintiff read to the jury the record of a judgment in the United States circuit court for the southern district of Mississippi, at the suit of Reuben M. Strother, a citizen of the state of…

1Opinion of the CourtChief Justice ShaRKey

This case was before the court on a former occasion, and is reported in 4 S. & M. 602, and it presents again the same question that was then decided. It was then raised by Minor, the plaintiff below, and decided in his favor. When the case was remanded, the circuit court conformed to our decision, and the defendant below excepted, and now brings up the case.

The action is ejectment. The lessor of the plaintiff derives title under a sale of the premises made by the marshal, under an execution against the city of Natchez, from the United States *256court. The sale, it is said, was void, and passed…

2Cases cited10 opinions

  1. United States v. CurrySupreme Court of the United States · 1848
  2. Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
  3. Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
  4. Groff v. JonesNew York Supreme Court · 1831
  5. Doe v. HeathIndiana Supreme Court · 1844

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