Decisions – MSSC – 3/14/2019

Hand down list

Cindy Henderson and John Henderson v. Copper Ridge Homes, LLC, Richard Coney, Individually and First Bank, a Mississippi Banking Corporation –  wrongful foreclosure – The Hendersons sued Copper Ridge Homes and First Bank over the construction of their new home in Magnolia. They contended the price of the home was $320,000.  Copper Ridge insisted the Hendersons had a cost-plus contract.  First Bank had paid Copper Ridge $316,000 leaving only $4,000 left when much of the house had yet to be completed.  First Bank then counterclaimed requesting a judicial foreclosure after the Hendersons missed a payment.   The Hendersons moved to   add a wrongful foreclosure claim but because the house had not been foreclosed upon, the judge allowed the Henderson to add a claim for fraud and breach of the duty of good faith and fair dealing.  The judge then granted First Bank’s foreclosure claim and refused to allow another attempt to amend to add a claim for wrongful foreclosure.  On appeal, the MSSC finds that the trial court was not incorrect to grant the foreclosure since the Henderson’s defense was only that First Bank’s conduct was an excuse for their breach.  However, the MSSC finds that the trial court erred in finding that the Hendersons lost their claims against Copper Ridge and that those claims traveled with the land so as to vest in First Bank.   The trial court further erred in refusing to allow the Hendersons to amend to add wrongful foreclosure.

John P. Alexander v. State of Mississippi –  parole – Alexander filed a writ of habeas corpus arguing  his parole was wrongfully revoked. The Court previously affirmed the parole revocation on appeal and finds the instant petition barred.  Alexander’s case may be familiar to Jacksonians. It involved the 1975 murder of a woman at Parham Bridges.

Pro se PCR motions affirmed

Tommie Lee Page v. State of Mississippi

Donald Mark Edwards v. State of Mississippi

Timothy Stratton v. State of Mississippi

Joseph Cook v. State of Mississippi

Marcus Chandler v. State of Mississippi

John Ray Kidd v. State of Mississippi

 

 

 

 

 

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