Kitchins v. Harrall
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. This suit was to subject land, a bond for title to which had been given by Harrall to Kitchins, to the .payment of notes for the purchase-money, executed by Kitchins to Harrall, and by him indorsed to Pryor Scally and William Pollard.
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Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. This suit was to subject land, a bond for title to which had been given by Harrall to Kitchins, to the .payment of notes for the purchase-money, executed by Kitchins to Harrall, and by him indorsed to Pryor Scally and William Pollard. The motion to set aside the fro confesso was based on the affidavit of the defendant’s solicitor that it was taken within the time which- he and the complainant’s solicitor had agreed the defendant should have to answer. 1. The court erred in refusing to set aside the fro confesso. 2.…
1Opinion of the CourtCampbell, J.
Harrall exhibited this bill for the use of Pryor Scally and William Pollard. Harrall is the only complainant, and complains for the use and benefit of the persons named, who are not made parties to the bill. The prayer of the bill is to decree payment to the complainant for the use of the parties named. We are not aware of any authority for this new mode of instituting a suit in chancery. Courts of law permit the holder of the legal title, in certain eases, to sue for the use of the beneficial owner, who is regarded as the real plaintiff. This is because the beneficial owner cannot sue in a…
2Cited by2 opinions
- Cottrell v. SmithMississippi Supreme Court · 1927
- Equitable Life Assurance Society of United States v. HartfieldMississippi Supreme Court · 1905