Foote-Patrick Co. v. Merkle

Citations

• 116 Miss. 720
• 77 So. 661

Syllabus

<p>1. Execution. Sale. Transcript from justice of peace. Filing. Code 1906, section 3997.</p> <p>Code 1906, section 3997 (Hemmingways Code, Section 3004), providing that the title to land sold under execution issued by a justice of the peace shall not be complete in the purchaser until, he shall have obtained from the justice a certified transcript of the proceedings had before him in the suit, etc., which shall be filed with the conveyance made by the officer in the chancery clerk’s office, and recorded with the conveyance, applies where the execution was issued by the circuit clerk upon an enrolled judgment rendered by a justice of the peace as well as where the execution was issued by the justice of the peace.</p> <p>2. Same.</p> <p>The object of this statute is to place on record a permanent memorial of the judgment and execution, beyond the danger of loss from the many contingencies incident to the books and papers of justices of the peace, and also to have on record at the courthouse the evidence constituting a muniment of title to land.</p> <p>3. Same.</p> <p>The record filed with the'circuit clerk in order to obtain the enrollment of a judgment rendered by a justice of the peace does not meet this requirement,, being in fact simply a mere abstract of the judgment itself.</p>