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McMILLAN v. ARU

No. 1999-CA-00018-COA.

773 So.2d 355 (2000)

Fred L. McMILLAN, Appellant, v. Giorgio M. ARU and his wife, Jan Radakovich Aru, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied August 29, 2000.

Certiorari Denied December 7, 2000.

Attorney(s) appearing for the Case

James Lawton Robertson, Paul E. Barnes, Jackson, Attorneys for Appellant.

James E. Lambert, Jackson, Attorney for Appellees.

BEFORE SOUTHWICK, P.J., PAYNE, AND THOMAS, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. This is a suit between the buyer of a residence and a judgment creditor of the seller. As the sellers' homestead, the residence had been exempt from seizure and sale. Shortly after the buyer's purchase but before the instrument was placed of record, the judgment creditor had the sheriff seize the property and schedule an execution sale. The Madison County Chancery Court enjoined the sheriff's sale and found that even after...

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