Swayze v. Doe ex dem. McCrossin

Citations

• 21 Miss. 317

Syllabus

<p>An affidavit of proof of publication in an attachment suit at law against an absconding debtor, which publication the law required to be made for four weeks successively, stated that “ the order of publication had been published in the county for four weeks successively, once every week, commencing on the 24th of April last, and ending on the 5th day of May, in the Woodville Republican : ” Held, that the statement in the affidavit, that the publication had been made for four weeks successively, was a compliance with the terms of the statute, and was as much as was required ; and that the subsequent part of the affidavit was mere surplusage, in all probability was a mistake, and could not vitiate the previous part, which was good and sufficient.</p> <p>Where a judgment has been rendered in an attachment suit at law against an absconding debtor, which is levied upon land, the proper process to issue, under the statutes, to enforce the judgment, is an execution commanding the sale of the specific land levied on ; yet if an ordinary fieri facias sue, general in its terms, and the specific land attached be. sold under it, the purchaser will, in the absence of proof that he had any notice of the irregularity in the process, acquire a good title.</p> <p>A deed made voluntarily, and without any pecuniary consideration, cannot stand as against a creditor whose debt was valid and subsisting at the date of the deed.</p> <p>The plaintiff in ejectment claimed under a deed of gift from Bernard MeCrossin, which described the lands sold as follows, viz.: “ 412 acres of all of a certain tract of land purchased by said Bernard from the United States, containing one thousand and twenty arpents, and known and distinguished as follows: Bounded on the north by lands of Mrs. Poole, on the south by lands of Walter Shropshire, on the west by lands of James McNeely, and on the east by public lands, being the same which was improved in part by Mr. Herring: ” Held, that this description was