Alfred v. Batson

Citations

• 91 Miss. 749
• 45 So. 465

Syllabus

<p>1. Justice of the Peace. Judgment. Service of process. Special deputy. Sale of land. Execution.</p> <p>A sale of land under execution issued on a default judgment of a justice of the peace will not be void because tbe record fails to sbow the existence of circumstances authorizing tbe appointment of tbe person specially deputed to serve, and who executed and returned tbe original summons in tbe case.</p> <p>2. Same. Presumption. Code 1892, § 2403. Code 1906, § 2732.</p> <p>Where a summons in a suit before a justice of tbe peace was executed and returned by a person specially deputed by tbe justice to serve tbe same, the existence of circumstances warranting tbe deputation, under Code 1892, § 2403, will be presumed, in tbe absence of a showing to tbe contrary.</p>