Dunbar v. Newman
Mississippi Supreme Court
Appeal from chancery court of Adams county. Walker, Chancellor. The facts of this case appear clearly from the opinion. The questions discussed and decided arose upon a cross-bill to which a demurrer was sustained in the chancery court, and the opinion of the court plainly exhibits so much of the allegations of the cross-bill as present the questions decided.
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Appeal from chancery court of Adams county. Walker, Chancellor. The facts of this case appear clearly from the opinion. The questions discussed and decided arose upon a cross-bill to which a demurrer was sustained in the chancery court, and the opinion of the court plainly exhibits so much of the allegations of the cross-bill as present the questions decided. A condensed statement of the mistake complained of by the cross-bill is contained in the fourth paragraph of the syllabus of this case. The only point in this case is, vphether the alleged clerical mistake made in the description of…
1Opinion of the Court
Simrall, J.:
The bill was filed by the complainant to be substituted to the benefit of the mortgage executed by W. H. Dunbar, to Albert Dunbar, his surety upon the note protected by this security, aud prayed that a foreclosure may be had for the satisfaction of the debt. Subsequently the bill was amended charging that Mrs. Dunbar, wife of the said Wm. H. Dunbar, had, since the exhibition of the original bill, acquired an interest by purchase in the mortgaged premises; that thereby she would have the right to redeem, and making her a party defendant.
Mrs. Dunbar made her answer a cross-bill,…
2Cases cited1 opinion
- Kerr v. KuykendallMississippi Supreme Court · 1870
3Cited by2 opinions
- Allen v. AllenMississippi Supreme Court · 1936
- Cummings v. SteeleMississippi Supreme Court · 1877