Tuggle v. Williamson, 54220
| Decision Date | 16 May 1984 |
| Docket Number | No. 54220,54220 |
| Parties | Charlie TUGGLE, Jr. v. Ralph E. WILLIAMSON, et al. |
| Court | Mississippi Supreme Court |
Bobby Owens, Owens & Byrd, Nausead Stewart, Jackson, for appellant.
Thomas L. Kesler, Sams & Kesler, Columbus, for appellees.
Before WALKER, P.J., and DAN M. LEE and SULLIVAN, JJ.
The appellant, who is an inmate at the Mississippi State Prison at Parchman, Mississippi, appeals from an order of the chancery court confirming a special commissioner's sale of a small parcel of land owned by him in Lowndes county.
This litigation began as a suit to partition a piece of real property located in Lowndes county. The appellant owned an interest in the property and, therefore, was made a defendant to the action. Since Mr. Tuggle is a prisoner, the chancery court appointed a guardian ad litem to represent him in the suit. As a result of the suit, the property was partitioned in kind, and the appellant received a portion of the property based on his proportional interest.
On appeal the appellant challenges, among other things, the authority of the chancery court to impose an attorney's lien on the real estate for services rendered by the attorney acting as his guardian ad litem.
The decree of partition under which the attorney's fees were awarded and the lien was imposed was entered on July 15, 1981. Thereafter, Thomas Kessler, the guardian for Charlie Tuggle, instituted a suit to enforce his attorney's lien. On December 7, 1981 a final decree was entered ordering the sale of Mr. Tuggle's portion of the real estate to satisfy the lien. The property was sold, and on January 4, 1982 the special commissioner returned a written report of the sale to the chancery court. On July 30, 1982 the chancellor entered an order confirming the sale.
The appellee has made a motion to dismiss on the grounds that the appeal was not perfected within 45 days from the decree ordering the sale of the property. The appellant, on the other hand, argues that the appeal was timely since it was made within 45 days of the order confirming the sale.
In support of his motion, the appellee contends that the time to perfect an appeal in such matters runs from the decree ordering the sale, not from confirmation of the sale.
In Worthy v. Graham, 246 Miss. 358, 149 So.2d 469 (1963) the Court was presented with an appeal from an order confirming a foreclosure sale. Discussing whether the appeal was timely made, the Court quoted from Griffith's Mississippi Chancery Court Practice:
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Daughtrey v. Daughtrey
...V. It is noted that the chancellor entered a final decree ordering sale of the property from which this appeal was taken. Tuggle v. Williamson, 450 So.2d 93 (Miss.1984) (a timely appeal on the merits from a decree ordering a partition sale, as distinguished from a decree confirming the sale......
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Saunders v. Alford, 89-CA-185
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