Brooks v. Spann
Mississippi Supreme Court
Appeal from the Chancery Court of Lowndes County. Hon. F. A. Critz, Chancellor. The case is stated in the opinion of the court. 1. The amendment changed the whole character of the suit and the litigation. The first bill was a proceeding in rem—to establish appellee’s right to one-fourth of theland of her father’s estate, andforsix thousand dollars legacy and twenty-six years’ interest.
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Appeal from the Chancery Court of Lowndes County. Hon. F. A. Critz, Chancellor. The case is stated in the opinion of the court. 1. The amendment changed the whole character of the suit and the litigation. The first bill was a proceeding in rem—to establish appellee’s right to one-fourth of theland of her father’s estate, andforsix thousand dollars legacy and twenty-six years’ interest. The bill is to vacate a decree; to overhaul a final settlement made by executors nineteen years ago, each of whom are in their graves; to conglomerate all the issues in this suit with all the issues in the…
1Opinion of the CourtCooper, C. J.
Appellee exhibited her bill in the Chancery Court of Lowndes County against the residuary legatees and devisees of T. C. Brooks, to fix upon the property received by them a charge for the payment of a legacy given her by the testator, her father. To this bill the defendants interposed a plea, or res judicata, averring that in the year 1868 the complainant, by W. C. Brooks, her next friend, had exhibited her bill in chancery against the executors and the defendants to enforce the payment of the legacy now sued for; that the executors had filed an answer and cross-bill setting up, among other…
2Cases cited2 opinions
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Evans v. BaconMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Adams v. BeltMississippi Supreme Court · 1924
- Metcalfe v. PerryMississippi Supreme Court · 1888
- Lamar v. HoustonMississippi Supreme Court · 1938
- Woods v. CheesboroughMississippi Supreme Court · 1909
- Cratin v. CratinMississippi Supreme Court · 1937