Planters Mercantile Co. v. Braxton
Mississippi Supreme Court
Appeal from the circuit court of Wilkinson county. Hon. B. E. Jackson, Judge. Suit by the planters Mercantile Company, against Fisk Braxton and others. From a. judgment for defendant^ plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Wilkinson county. Hon. B. E. Jackson, Judge. Suit by the planters Mercantile Company, against Fisk Braxton and others. From a. judgment for defendant^ plaintiff appeals. The facts are fully stated in the opinion of the court. It is admitted in appellee’s brief that the question to he passed on here, is the interpretation of the word “preceding” as used in section 2772 of Mississippi Code of 1906; that is, as used in the following phrase: “Sale of said lands shall be advertised for three consecutive weeks preceding such sale.” Preceding as used here means only…
1Opinion of the CourtStevbNs, J.
Appellant as plaintiff instituted this action of ejectment in the circuit court of Wilkinson county to recover possession of approximately fifty acres of land which, it purchased át a trustee’s sale foreclosing a deed of trust, which it as beneficiary held against the defendants, TCia.h and Kitty Braxton. Upon trial there was a peremptory instruction in favor of the defendants, and from the judgment based thereon appellant appeals.
To prove its case appellant introduced in evidence the deed of trust; record of substitution of R. C. Smith as trustee in place of T. Gr. Stockett, the original…
2Cases cited6 opinions
- McCaughn v. YoungMississippi Supreme Court · 1904
- Allen v. Alliance Trust Co.Mississippi Supreme Court · 1904
- Enochs v. MillerMississippi Supreme Court · 1882
- Smith v. GibsonSupreme Court of Alabama · 1915
- Lake v. CastlemanMississippi Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brown v. RileyMississippi Supreme Court · 1991
- Hancock v. PyleMississippi Supreme Court · 1941
- Hesdorffer v. WelshMississippi Supreme Court · 1921
- Maris v. LindseyMississippi Supreme Court · 1920
- Monroe County ex rel. Splunge Consol. School Dist. v. MingaMississippi Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.