Tucker v. Wilson
Mississippi Supreme Court
From the chancery court of Lee county. HoN. Baxter McEarlaNu, Chancellor. Appellants filed this bill in the chancery court of Lee county, seeking to revive an original suit begun in their behalf by their next friend in 1870. The history of the said suit is as follows: In 1870, appellants, minor children and heirs of one J. S. Tucker, by their next friend, C. B. 'Williams, filed their bill in said county against Mary Tucker, J. K. Wilson, Mrs. M. E. Wilson and J. B. Vance and…
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From the chancery court of Lee county. HoN. Baxter McEarlaNu, Chancellor. Appellants filed this bill in the chancery court of Lee county, seeking to revive an original suit begun in their behalf by their next friend in 1870. The history of the said suit is as follows: In 1870, appellants, minor children and heirs of one J. S. Tucker, by their next friend, C. B. 'Williams, filed their bill in said county against Mary Tucker, J. K. Wilson, Mrs. M. E. Wilson and J. B. Vance and others to enjoin a sale of certain land by Vance as trustee for the benefit of said M. E. Wilson. J, K. and M. E.…
1Opinion of the CourtCajipbell, C. J.
The suit begun by the complainants in 1870 was not abated by the death of the next friend by whom they sued, nor by the fact that the complainants attained their majority after suit brought. There was no necessity for a bill of revivor. All that was required Avas for them to appear in the suit as adults and prosecute it. The paper .exhibited by them as a bill of revivor was a very proper mode of bringing to the notice of the court their wish to appear in *698their own behalf as adults, and continue the suit begun in their behalf by their next friend, and it was fit that the defendants should be…
2Cited by8 opinions
- Comans v. TapleyMississippi Supreme Court · 1911
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
- Berrain v. KatzenCourt of Appeals of Maryland · 1993
- Murphy v. HutchinsonMississippi Supreme Court · 1908
- Smith v. YearwoodSupreme Court of Alabama · 1916
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