Carstarphen v. Jones
Mississippi Supreme Court
Appeal from the chancery court of Rankin county. Hon. Sam Whitmian, Chancellor. Suit by Will Carstarphen as administrator, and others against H. C. Jones and others. From a decree dismissing the complaint, plaintiff appeals. Appellants filed a bill in chancery against appellees for the purpose of quieting title to certain lands described in the bill.
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Appeal from the chancery court of Rankin county. Hon. Sam Whitmian, Chancellor. Suit by Will Carstarphen as administrator, and others against H. C. Jones and others. From a decree dismissing the complaint, plaintiff appeals. Appellants filed a bill in chancery against appellees for the purpose of quieting title to certain lands described in the bill. The case was trierl on pleadings, depositions, and proof in open court, and documentary evidence; and the chancellor rendered a decree dismissing complainants’ bill, from .which they appeal. The testimony of certain witnesses who testified before…
1Opinion of the CourtCook, J.
The record shows that several witnesses testified orally upon the merits of this case. The.- testimony of these. witnesses is not in the record. The chancellor heard this evidence, and this evidence may have justified his finding, and, as the evidence “is not before us, we are therefore not able to judge of its effect. It may have been controlling with the chancellor.” Wilson v. Brown, 94 Miss. 608, 47 So. 545.
Affirmed.
2Cases cited1 opinion
- Wilson v. BrownMississippi Supreme Court · 1909
3Cited by1 opinion
- Redhead v. RedheadMississippi Supreme Court · 1915