Weathersby v. Pearl River Lumber Co.
Mississippi Supreme Court
Erom the chancery court of Lincoln county. Hon. Robert B. Mayes, Chancellor; Weathersby, the appellant, was complainant in the court below; the lumber company, the appellee, was defendant there. Erom a decree of the court below, sustaining a plea of res adjudicada and dismissing his bill, the complainant appealed to the supreme court. The facts are stated in the opinion of the court.
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Erom the chancery court of Lincoln county. Hon. Robert B. Mayes, Chancellor; Weathersby, the appellant, was complainant in the court below; the lumber company, the appellee, was defendant there. Erom a decree of the court below, sustaining a plea of res adjudicada and dismissing his bill, the complainant appealed to the supreme court. The facts are stated in the opinion of the court. The bill filed in the first suit was defective in that it failed to deraign the title properly as required by sec. 501 of the annotated code of 1892. It failed to show that the United States had parted with its…
1Opinion of the CourtCabhoon, J.
This suit was first brought in the year 1900, when the bill was demurred to because (1) there was no equity on its face; (2) failure to deraign title; (3) no title shown in complainant; .(4) bill shows title in defendant; (5) bill fails to show any redemption by complainant of the land sold for taxes. This demurrer was sustained on September 20, 1900, the decree being in the following words: “This cause having been set down for hearing on bill and demurrer, it is ordered by consent that the demurrer be sustained and the bill dismissed, and that complainant have sixty days in which to file…
2Cases cited2 opinions
- Straw v. Illinois Central RailroadMississippi Supreme Court · 1895
- Phillips v. WormleyMississippi Supreme Court · 1880
3Cited by7 opinions
- Thornton v. City of NatchezMississippi Supreme Court · 1906
- Farned v. Aetna Casualty & Surety CompanyMississippi Supreme Court · 1972
- Moore v. EvansMississippi Supreme Court · 1910
- Lynch v. LynchMississippi Supreme Court · 1947
- Rainwater v. RainwaterMississippi Supreme Court · 1960
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