third possessor is someone other than a mere tenant, a trespasser, or one having only physical possession
How later courts described this case
- third possessor is someone other than a mere tenant, a trespasser, or one having only physical possession
Written by the judges who cited it.
The opinion
O’NIELL, C. J.,
dissents from the holding that the sale to Mrs. Dora Thomas was null because of her failure to pay the mortgage debt due to the Union Central Life Insurance Company, for the payment of which debt she reserved the price for which she bought the property from the administrator of her husband’s estate on May 9, 1931, and therefore dissents from the holding that Mrs. Thomas was not a third possessor, in the meaning of article 68 of the Code of Practice, when the Union Central Life Insurance Company proceeded against her by the hypothecary action and bought the property at the sheriff’s sale, on July 29, 1933, to satisfy the debt.
HIGGINS; J., takes no part.