Heirmann v. Stricklin

Citations

• 60 Miss. 234

Syllabus

<p>1. Judgment. Service of process. Appearance.</p> <p>A judgment against two parties is valid, if one is served personally and the other appears and contests the demand of the plaintiff, before the justice of the peace, and it cannot be avoided by a collateral attack.</p> <p>2. Same. Return of “ executed.” Effect thereof.</p> <p>A judgment in a justice’s court, by default at the return term, is void if based on the return “executed,” which shows a legal service, but not necessarily a personal one. Code 1880, sect. 1703; Betts v. Baxter, 68 Miss. 329.</p> <p>3. Same. Lien. Enrollment.</p> <p>A conveyance by a judgment-debtor of his land is void as against the judgment which was duly enrolled before the filing for record of the conveyance, although it is only a judgment of a justice of the peace.</p> <p>4. Chancery Practice. Cross-bill. Demurrer. Fraud.</p> <p>If the creditor, whose judgment is enjoined as void, alleges by cross-bill that the conveyance by the judgment-debtor to the complainant, which his debt ante-dates, is fraudulent, this cross-bill must be answered.</p> <p>5. Mortgage. Parol evidence to show intent of deed.</p> <p>Code 1880, sect. 1299, prohibiting parol evidence to prove an absolute conveyance to be a mortgage, is applicable only where the vendor parts with the possession of the property conveyed.</p> <p>6. Same. Fraud.</p> <p>Whether this statute (Code 1880, sect. 1299) could be invoked to protect and cover up a fraud. Qwcere?</p>