Taylor v. Wright
Mississippi Supreme Court
Appeal from tbe Chancery Court of Chickasaw County. Hon. L. Hatjghtok, Chancellor. 1. The first error assigned is, that the court erred in refusing Taylor’s application to remand the cause to rules. A Chancery Court should remand a cause to rules when it is necessary to ascertain the true merits of the controversy. A cause may be remanded in some cases after a final decree.
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Appeal from tbe Chancery Court of Chickasaw County. Hon. L. Hatjghtok, Chancellor. 1. The first error assigned is, that the court erred in refusing Taylor’s application to remand the cause to rules. A Chancery Court should remand a cause to rules when it is necessary to ascertain the true merits of the controversy. A cause may be remanded in some cases after a final decree. Beard v. Green, 51 Miss. 856. No case can be presented appealing more strongly to the discretion of a court than the present one. The testimony had been taken, filed and read. It established Taylor’s title to the land in…
1Opinion of the CourtSimrall, C. J.
This case is now on appeal in this court for the third time. The principles on which the rights of the litigants depend are well settled, and were stated in the judgment pronounced on the first appeal. Taylor, the present appellant, obviated the title asserted by the complainants in their bill by the averment in his answer that he purchased the land under a judgment recovered by him against one Dulany, the grandfather of Mrs. Meredith, the mother of the complainants, and her grantor by voluntary deed. This court was of opinion that the conveyance was voluntary, or presumptively so, as against…
2Cases cited4 opinions
- Wailes v. JohnsonMississippi Supreme Court · 1853
- Hanserd v. GrayMississippi Supreme Court · 1871
- Knox v. Bank of United StatesMississippi Supreme Court · 1854
- Felder v. WallMississippi Supreme Court · 1853
3Cited by8 opinions
- Haines v. HainesMississippi Supreme Court · 1910
- Middleton v. DavisMississippi Supreme Court · 1913
- Harrell v. DuncanMississippi Supreme Court · 1991
- Nichols v. Gaddis & McLaurin, Inc.Mississippi Supreme Court · 1956
- Gaddis & McLaurin, Inc. v. NicholsMississippi Supreme Court · 1958
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