Letchford v. Cary
Mississippi Supreme Court
Eeeoe to tlie Circuit Court of Hinds County (1st Dist.). Hon. Geobge F. BeowN, Judge. Plaintiif in error sued in ejectment to recover possession of the land in controversy.
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Eeeoe to tlie Circuit Court of Hinds County (1st Dist.). Hon. Geobge F. BeowN, Judge. Plaintiif in error sued in ejectment to recover possession of the land in controversy. The agreed facts show -that in 1858,. 1859, and 1860, sundry judgments were obtained against defendant in error (Mrs. Cary) ; that executions were issued and placed in the hands of the sheriff, who sold the land (240 acres), and plaintiff in error became purchaser April 9, 1861; that Mrs. Cary was the head of a family, and resided in the town of Clinton, at the date of the rendition of the judgments against her ; that the…
1Opinion of the CourtSimrall, C. J.
All the questions litigated in this case are controlled by the decision of the court in Lessley et al. v. Phipps, 49 Miss., 795-798, except the effect of the removal of Mrs. Cary upon *793the lands, and her occupancy of them after the rendition of the judgment, but before the sale by the sheriff.
Mrs. Cary bases her right to the homestead on the ground that she actually resided upon the land before the sale, and since, but her possession did not begin until after the recovery •of the judgments under which the sheriff sold and Letchford became the purchaser. Letchford claims, on the other hand,…
2Cases cited2 opinions
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