Finney v. Speed
Mississippi Supreme Court
From the chancery court of "Warren county. Hon. Upton M. Youns, Chancellor. A decree was rendered in this case in the court below on May 13,1879, directing the sale of certain lands for partition. The lands were sold, pursuant thereto, July 7, and, on November 5, 1879, a decree was rendered, confirming the sale.
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From the chancery court of "Warren county. Hon. Upton M. Youns, Chancellor. A decree was rendered in this case in the court below on May 13,1879, directing the sale of certain lands for partition. The lands were sold, pursuant thereto, July 7, and, on November 5, 1879, a decree was rendered, confirming the sale. On July 17, 1893, W. D. Finney, one of the defendants in said cause, by F. W. Little, as guardian and next friend, filed a petition, averring that at the time of the rendition of said decree of sale, and the confirmation thereof, he was and still is insane, and he prayed and obtained…
1Opinion of the CourtCampbell, C. J.
A plea must be considered with reference to that which it professes to answer, in order to determine as to its sufficiency. This plea is in bar of the appeal from a decree in a cause in which the appellant was shown by the bill and subsequent proceedings to be non compos mentis. In view of this, tl¡e plea is not good, because it does not aver the removal since *36of tlie disability existing when the decree was given, and the lapse of the requisite period to bar appeal after the removal of such disability and -before the appeal. If an infant were to appeal from a decree, and the record did not…
2Cases cited2 opinions
- McLemore v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1880
- Sledge v. BooneMississippi Supreme Court · 1879
3Cited by9 opinions
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1940
- Emerson v. Southern Ry. Co.Supreme Court of Alabama · 1981
- Wolf v. United StatesDistrict Court, S.D. New York · 1935
- Barton-Malow Co., Inc. v. WilburnIndiana Supreme Court · 1990
- Wirth v. WeigandNebraska Supreme Court · 1909
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