Cole v. Fagan
Mississippi Supreme Court
Appeal from the chancery court of "Wayne county. Hon. T. A. Wood, Chancellor. Suit by B. W. Fagan -against Buby E. Col'e and others. From a decree for complainant, defendant appeals.
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Appeal from the chancery court of "Wayne county. Hon. T. A. Wood, Chancellor. Suit by B. W. Fagan -against Buby E. Col'e and others. From a decree for complainant, defendant appeals. Appellee, Fagan, filed his bill in chancery alleging that one Ballard and himself purchased from one Weathersbe a certain house and lot; and that Ballard and the appellee were tenants in common until the 25th day of January, 1908, when one of the appellants, W. J. Cole, applied to Ballard to purchase said property; and that said W. J. Cole agreed to buy, and the said Ballard and Fagan agreed to sell said property…
1Opinion of the CourtCook, J.
As we view this case, the chancery court passed upon the conflicting evidence solving the issue in favor of appellee. Ve cannot say that the finding of fact was clearly wrong, but, on the contrary, it seems to us that there was ample evidence to support the decree of the court.
"We think the dismissal of the former bill without prejudice as to appellee did not bar another suit by him upon the same cause of action. The effect of a decree by the chancellor, dismissing the bill without prejudice is that such dismissal shall not operate to bar a new suit which the complainant might thereafter…
2Cases cited1 opinion
- Nevitt v. BaconMississippi Supreme Court · 1856
3Cited by2 opinions
- W. T. Raleigh Co. v. BarnesMississippi Supreme Court · 1926
- Barlow v. HoffmanSupreme Court of Colorado · 1938