Toulme v. Clark
Mississippi Supreme Court
Appeal from the Chancery Court of Hancock County. Hon. Sylvanus Evans; Chancellor. James Clark exhibited this bill in chancery against John V. Toulme, in which he set out that defendant, on May 16, 1884, executed a certain promissory note for one thousand dollars in favor of Messrs.
Read the full summary
Appeal from the Chancery Court of Hancock County. Hon. Sylvanus Evans; Chancellor. James Clark exhibited this bill in chancery against John V. Toulme, in which he set out that defendant, on May 16, 1884, executed a certain promissory note for one thousand dollars in favor of Messrs. Fairchild and Kellar, and secured the same by a mortgage on certain lands; that on September 4, 1884, this note and mortgage were indorsed to him by Fairchild and Kellar, and that he is now the bona fide owner and holder thereof; that defendant has paid complainant three hundred dollars on said note, and that the…
1Opinion of the CourtCampbell, J.
The rule of courts of chancery, which requires more than the testimony of one witness to overthrow an answer denying allegations of the bill, applies only when the denial is positive, and does not apply where the denial is as to belief or is as matter of inference or argument. 1 Daniell’s Ch. PL and Pr. 844.
It is true that when the answer positively denies, the. court will not inquire into the grounds of the denial, as held in McGee v. White, 31 Miss. 42, but the rule as stated above remains.
Affirmed.
2Cited by5 opinions
- Fant v. FantMississippi Supreme Court · 1935
- Purvis v. WoodwardMississippi Supreme Court · 1901
- Weston v. Estate of LawlerMississippi Supreme Court · 1981
- Dicus v. Republic Paint & Varnish WorksMississippi Supreme Court · 1921
- Shackelford v. BrownMississippi Supreme Court · 1894