Cook's Heirs v. Bay
Mississippi Supreme Court
APPEAL from chancery. The bill in this cause was filed in the court below against the defendant as the administrator of Foster Cook, deceased, to set aside several sales made by him, and others, of the property of his intestate, on the ground of fraud, and to compel him to restore the property which he had purchased at such sales, and for an account.
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APPEAL from chancery. The bill in this cause was filed in the court below against the defendant as the administrator of Foster Cook, deceased, to set aside several sales made by him, and others, of the property of his intestate, on the ground of fraud, and to compel him to restore the property which he had purchased at such sales, and for an account. It is not necessary for the purposes of the present inquiry to notice any of the proceedings in the cause prior to the decree which was made by the chancellor on the 30th day of July, 1830. The decree then rendered, vacated the several sales…
1Opinion of the CourtJustice Trotter
The errors assigned are, 1st. That the court erred in granting a re-hearing of the exceptions to the report at a term subsequent to that at which they were overruled.
2. In sustaining the exceptions.
3. In withdrawing the issue which had been directed to the country at the first hearing.
The weight of the argument of the counsel for the appellants is based upon the consideration that the decree rendered by the chancellor in 1830, was final and conclusive between the parties, and hence that it was error to set aside any part of the same at a subsequent term, unless it had been done by a bill of…
2Cases cited1 opinion
- Calk v. StriblingCourt of Appeals of Kentucky · 1809
3Cited by3 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Green Realty Management Corp. v. Mississippi Transportation CommissionMississippi Supreme Court · 2009
- Leach v. JonesSupreme Court of Rhode Island · 1876