Hayes v. First Joint Stock Land Bank

This is the third appearance of this case in this court. The report of the first appeal is found in Hayes v. Holman, 165 Miss. 494, 144 So. 690; and the second in Hayes v. National Surety Company, 169 Miss. 676, 153 So. 515. From the opinions in those two reports the details of the facts may be extracted, which, when taken with the additional facts developed on the third hearing and which we shall herein state, will reveal the setting of the two points which we shall decide at this time, and the only two points which are necessary now to determine.

When the pleadings were reformed and…