Russell v. Denson
Mississippi Supreme Court
Appeal from the chancery court of Jasper county. Hon. J. R. Bye»,. Special Judge. Suit hy S. D. Russell against L. L. Denson. From a decree dismissing complainant’s bill he appeals. But whether the demurrer ought to have been ovérruled or not, it was palpable error to refuse complainant leave to amend his bill, or to dismiss.it without prejudice.
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Appeal from the chancery court of Jasper county. Hon. J. R. Bye»,. Special Judge. Suit hy S. D. Russell against L. L. Denson. From a decree dismissing complainant’s bill he appeals. But whether the demurrer ought to have been ovérruled or not, it was palpable error to refuse complainant leave to amend his bill, or to dismiss.it without prejudice. It is inconceivable upon what theory of law, equity, right or conscience the court below so persistently denied to complainant every motion and effort he made to save, to himself the right to try with respondent the merits of their conflicting…
1Opinion of the Court
Mates, O. J.,
delivered the opinion of the court.
Some time in September, 1909, S. D. Bussell- commenced a suit in the chancery court for the purpose of having an alleged title to certain lands quieted and confirmed. It is plain that the proceeding was begun under section 549 of the CSode of 1906, which provides that “the owner in possession of any land, or the owner thereof who may be out of possession, if there be no adverse occupancy thereof, may file a bill in the chancery court to have his title confirmed and quieted,” etc. The bill alleged that the complainant was “the true, legal, and…
2Cited by3 opinions
- Glenn v. MaconMississippi Supreme Court · 1964
- McGuire v. BusbyMississippi Supreme Court · 1956
- McGuire v. BusbyMississippi Supreme Court · 1956