Hall v. Moore
Mississippi Supreme Court
From the circuit court of Holmes county. IIoN. C. H. Campbell, Judge. This was a motion in the circuit court by appellant, a judgment debtor, to vacate a sale of certain land belonging to her, sold to ap-pellee at execution sale under a judgment rendered in that court.
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From the circuit court of Holmes county. IIoN. C. H. Campbell, Judge. This was a motion in the circuit court by appellant, a judgment debtor, to vacate a sale of certain land belonging to her, sold to ap-pellee at execution sale under a judgment rendered in that court. In her motion she alleged that the execution was issued and the land sold in pursuance of a fraudulent scheme on the part of ap-pellee to take advantage of her temporary absence from the county and thus to buy it at a nominal price; that she had an understanding with the judgment creditor that no steps would be taken to enforce…
1Opinion of the CourtCampbell, J.
We regret that the state of the law is such as to. deny relief to the appellant, who seems to have been greatly wronged; but it was decided in Hopson v. Swan, 50 Miss. 545, that the power of a circuit court to afford such relief is confined to the return term of the execution, after which relief can be had only in a court of chancery. *529We do not see why this should be so, but, unable to find anything satisfactory on the subject in the books we have carefully searched for the purpose, we do not feel disposed to depart from the rule announced in the case cited. As long as two sets of courts are…
2Cases cited1 opinion
- Hopton v. SwanMississippi Supreme Court · 1874
3Cited by2 opinions
- Industries Sales Corp. v. Reliance Manufacturing Co.Mississippi Supreme Court · 1962
- Hoffman v. MorrisonMississippi Supreme Court · 1957