Christian v. O'Neal

Citations

• 46 Miss. 669

Syllabus

<p>1. MECHANICS’ LIEN — COMMENCEMENT OP SUIT SO AS TO STOP THE RUNNING op the statute op limitations. — The commencement oí a suit to enforce a mechanics’ lien is the filing of the petition, and not the suing out of the writ, as in ordinary suits at law. Though a summons issued, if there was no petition filed, the suit was not begun.</p> <p>2. FRAUD INJUDICIAL PROCEEDINGS MAN BE ATTACKED. — It ÍS admissible to attack judicial proceedings for fraud, and parol evidence is admissible to prove it.</p> <p>3. Chancery — jtjbisdiction ■— oloud on title. — Where, by agreement between the mechanic and defendant, a judgment was rendered in a suit to enforce the mechanics’ lien, and the land and building ordered to be sold, and this was in fraud of the rights of a third person, who had acquired title to the land and building, divested of the lien: Held, that such third person could come into equity to vacate the judgment and enjoin a sale of the land and building under it.</p> <p>A Right op a lawyer to purchase at judicial sale. —The fact that one is a lawyer does not abridge his right to purchase property at judicial sales, if he does not sustain any professional relation to any of the parties concerned.</p> <p>5. Inadequacy op pbice no ground pob avoiding a sale. — Inadequacy of price is not of itself enough to avoid a sale.</p> <p>6. Process — depective service — judgment not void. — A judgment rendered upon a defective service of summons is not void, but is good for all purposes, until reversed on error. A purchaser at a sale under execution on such a judgment is unaffected by the defect in the service of the summons, and by a subsequent reversal of the judgment.</p> <p>7. FREEHOLDER SUED OUT OP HIS COUNTY — HOW TO TAKE ADVANTAGE OP it. —If a freeholder and a resident of the county be sued out of the oounty of his residence, and fail to apply for a transfer of the case, as provided by statute, the circuit court in which the suit is brought may properly render judgment.</p>