Legal Opinion

Fulton v. Woodman

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 9 opinions

Appeal from the Chancery Court of Madison County. Hon. William Breck:, Chancellor, did not sit in this case; but Counsellor Campbell, by agreement, acted as chancellor pro hac vice. argued the case orally, and filed an elaborate brief, making the following points: — I. That Strickland, upon the pleadings and evidence, cannot be held to be a Iona fide purchaser is clear, from the following reasons: — 1. Such defence is a personal privilege to the party who may claim it, and…

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Appeal from the Chancery Court of Madison County. Hon. William Breck:, Chancellor, did not sit in this case; but Counsellor Campbell, by agreement, acted as chancellor pro hac vice. argued the case orally, and filed an elaborate brief, making the following points: — I. That Strickland, upon the pleadings and evidence, cannot be held to be a Iona fide purchaser is clear, from the following reasons: — 1. Such defence is a personal privilege to the party who may claim it, and is not available to another claiming under him, and not occupying that position. 2 Sugden’s Vendors (ed. 1873), p. 791, §…

1Opinion of the CourtChalmers, J.

On Aug. 17, 1868, David M. Fulton, the complainant below and appellant here, bought at sheriff’s sale a certain tract of land in Madison County, belonging to Ivory F. Woodman, known as the Sanders place. The sale took place under and by virtue of a decree in chancery, rendered on Feb. 23, 1867, in favor of Fulton and against Woodman, for $35,507. At and before the time of the rendition of this decree there was pending in the Circuit Court of Madison County a suit for about $10,000, brought against Woodman by one Robinson, which had been commenced by attachment, and in which the attachment…

2Cited by9 opinions

  1. Southern Life Insurance v. Pollard Appliance Co.Mississippi Supreme Court · 1963
  2. McLean v. HessIndiana Supreme Court · 1886
  3. Brown v. British & American Mortgage Co.Mississippi Supreme Court · 1905
  4. Robertson v. DombroskiMississippi Supreme Court · 1996
  5. Goff v. HathawayMassachusetts Supreme Judicial Court · 1902

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