Pattison v. Josselyn
Mississippi Supreme Court
Appeal from the chancery court of Claiborne county. Smiley, J. Appellants assign the following errors : 1st. It was error in the court to overrule the demurrer of defendants, and to render the decree made in this cause. 2d. It was error in the court to refuse to set aside the pro oonfesso taken against the defendants on their motion. 3d. It was error in the court to refuse to confirm the sale made herein by the commissioner, Thomas.
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Appeal from the chancery court of Claiborne county. Smiley, J. Appellants assign the following errors : 1st. It was error in the court to overrule the demurrer of defendants, and to render the decree made in this cause. 2d. It was error in the court to refuse to set aside the pro oonfesso taken against the defendants on their motion. 3d. It was error in the court to refuse to confirm the sale made herein by the commissioner, Thomas. We contend that in a case where a suit has been pending and no action of pro oonfesso, or other proceeding taken for a period of ten years, a pro oonfesso and…
1Opinion of the Court
Simrall, J.:
Robert Josselyn, state commissioner, on the 25th of August, 1856, filed his bill in the chancery court of Claiborne county, *378against David S. Pattison, Jane E. Pattison, and Hannah H. Caldwell, to foreclose a mortgage.
On the 4th of October, the defendants appeared and pul in a joint and several demurrer, which, at that term of the court, was overruled, and leave given to answer within sixty days. Ten years afterwards, on the 6th day of August, 1866. at rules (the defendants having failed to answer), the bill was taken for confessed by them. The cause was set for hearing by…
2Cases cited3 opinions
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Brown v. FrostNew York Court of Chancery · 1843
- Lefevre v. LarawayNew York Supreme Court · 1856
3Cited by7 opinions
- Mitchell v. MasonSupreme Court of Florida · 1918
- Northern Investment Corp. v. CoppockSupreme Court of Florida · 1938
- Cromwell v. CraftMississippi Supreme Court · 1872
- Pittman v. McClellanMississippi Supreme Court · 1877
- Alexander v. HylandMississippi Supreme Court · 1950
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