Legal Opinion

Mitchell v. Woodson

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 4 opinions

Appeal from the Chancery Court of Hinds county. Hon. John Watts, chancellor. On the 15th day of March, A. D. 1854, the appellees, being the heirs of R. L. Woodson, filed their bill in the Superior Court of Chancery against the heirs of Hugh Mitchell, and against S. Tift, their agent and tenant, and Samuel Lemly, who was in possession as their tenant of a part of the premises in controversy.

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Appeal from the Chancery Court of Hinds county. Hon. John Watts, chancellor. On the 15th day of March, A. D. 1854, the appellees, being the heirs of R. L. Woodson, filed their bill in the Superior Court of Chancery against the heirs of Hugh Mitchell, and against S. Tift, their agent and tenant, and Samuel Lemly, who was in possession as their tenant of a part of the premises in controversy. The object of the bill was to procure a conveyance of the title of certain town lots in the city of Jackson to complainants, and to recover possession of them, and to collect from Tift the rents due by him…

1Opinion of the CourtHandy, J.

This case is brought up by writ of error to the Chancery Court of Hinds county.

It appears that a decree pro confesso was taken, upon publication, against certain of the defendants in the court below; and the first question presented is, whether the notice of publication was sufficient.

The statute requires that the notice “ shall be published weekly for one month.” Hutch. Code, 828. The first publication of the notice was on the 7th April, 1854, and the last on the 5th May following, which, including both of these dates, makes but twenty-eight days. According to the rule of computation hold by…

2Cases cited9 opinions

  1. People v. Mayor of New-YorkNew York Supreme Court · 1833
  2. Prince v. SmithMassachusetts Supreme Judicial Court · 1808
  3. Bush v. CooperMississippi Supreme Court · 1853
  4. Nixon's Heirs v. Cargo's HeirsMississippi Supreme Court · 1854
  5. Snyder v. WarrenNew York Supreme Court · 1824

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
  2. Cummins v. DumasMississippi Supreme Court · 1927
  3. Donald v. Commercial BankMississippi Supreme Court · 1923
  4. McLaurin v. Royalties, Inc.Mississippi Supreme Court · 1957

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