Freeman v. Ledbetter
Mississippi Supreme Court
Error to the chancery court of Lee county. Lovering, J. Appellant assigned the following errors: 1st. That the final decree was passed without reference to the clerk, or a master, to compute the amount due. 2d. That there is a fatal variance between the bill and the decree ; the bill praying the sale of the northeast quarter of section thirty-one, and the decree being for the sale of the northwest quarter of section thirty-five. 3d. That the. service is insufficient. 4th.
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Error to the chancery court of Lee county. Lovering, J. Appellant assigned the following errors: 1st. That the final decree was passed without reference to the clerk, or a master, to compute the amount due. 2d. That there is a fatal variance between the bill and the decree ; the bill praying the sale of the northeast quarter of section thirty-one, and the decree being for the sale of the northwest quarter of section thirty-five. 3d. That the. service is insufficient. 4th. That the averments in the bill do not entitle the complainants to the relief decreed. 5th. That no bill is stated in the…
1Opinion of the Court
Simrall, J.:
S. P. Ledbetter exhibited his bill in the chancery court of Lee county, against F. F. Freeman, asserting the vendor’s lien for a balance of purchase money due on land sold and conveyed by him to Freeman. Subpoena was issued on the 25th of October, 1869, and served on the 28th of the month. At the November term, 1869, a pro oonfesso was entered up and final decree rendered; from which the case is brought by Freeman to this court by writ of error. Five errors are assigned:
1st. That final decree was rendered without a reference to a master to compute and report the amount due. With a…
2Cases cited1 opinion
- Beville v. McIntoshMississippi Supreme Court · 1867
3Cited by2 opinions
- Hambrick v. JonesMississippi Supreme Court · 1886
- Smith v. PattisonMississippi Supreme Court · 1871