Cameron v. Lewis
Mississippi Supreme Court
Appeal from thé Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. By virtue of his purchase at the sale under the senior judgment, Ricks acquired title to all the land superior to the trust deed and to the title acquired by Mrs. Nicholson under the Thompson judgment. No presumption of fraud arises from Nicholson’s failure to claim his homestead exemption.
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Appeal from thé Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. By virtue of his purchase at the sale under the senior judgment, Ricks acquired title to all the land superior to the trust deed and to the title acquired by Mrs. Nicholson under the Thompson judgment. No presumption of fraud arises from Nicholson’s failure to claim his homestead exemption. It was a mere privilege which he was not bound to exercise, in order to take property from one creditor and give it to another. The compromise between Ricks and Mrs. Nicholson was admissible and made in good faith. Only by a…
1Opinion of the CourtChalmers, C. J.
In January, 1867, J. J. Nicholson executed to J. II Powell a trust deed on a tract of land consisting of nine hundred and thirty acres, upon which he at the time resided, to secure said Powell in the contemporaneous loan of four thousand six hundred dollars. The land, except so much of it as was exempt as a homestead (one hundred and sixty acres), was already incumbered by two judgments older in date and prior in lien to the trust deed. The elder of these was in favor of B. S. Ricks for the sum of five thousand dollars. The junior was for a few hundred dollars only, in favor of one Thompson.…
2Cases cited1 opinion
- Cameron v. LewisMississippi Supreme Court · 1879
3Cited by5 opinions
- Robinson v. LewisMississippi Supreme Court · 1890
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- Stearns Coal & Lumber Co. v. PattonTennessee Supreme Court · 1915
- Stuart v. PickettMississippi Supreme Court · 1942
- Mills v. Damson Oil CorporationCourt of Appeals for the Fifth Circuit · 1982