Peterson v. Kittredge
Mississippi Supreme Court
Appeal from the Chancery Court of Leflore County. Hon. R. W. Williamson, Chancellor. A. Peterson exhibited his bill to the Chancery Court, praying that his title to a certain tract of land in Leflore County, acquired by him at a tax sale, be confirmed. Publication was duly made for all interested parties to appear and contest the complainant’s right to the decree sought.
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Appeal from the Chancery Court of Leflore County. Hon. R. W. Williamson, Chancellor. A. Peterson exhibited his bill to the Chancery Court, praying that his title to a certain tract of land in Leflore County, acquired by him at a tax sale, be confirmed. Publication was duly made for all interested parties to appear and contest the complainant’s right to the decree sought. No one having appeared on the day fixedfor the appearance of defendants, a decree pro confesso was taken before the clerk at rules. At the following term of court Ann B. Kittredge and others, heirs of B. E. Kittredge,…
1Opinion of the CourtArnold, J.
Under our statute on the subject, the setting aside of a decree pro eonfesso, after it has been duly taken, is not a matter of mere discre*38tion in the court. It cannot be properly done without good cause shown. Code, § 1889. But § 1895 of the code authorizes bills of exception in the Chancery Court in the same manner as in the Circuit Court, whenever it may be necessary to make any matter a part of the record in a cause, and in the absence of a bill of exceptions showing upon what grounds the decree pro eonfesso was vacated, we must presume that the action of the Chancellor was right, and that…
2Cases cited6 opinions
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Beck v. AllenMississippi Supreme Court · 1880
- Capital State Bank v. LewisMississippi Supreme Court · 1887
- Meeks v. WhatleyMississippi Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gregory v. BroganMississippi Supreme Court · 1897
- Shelby v. BurnsMississippi Supreme Court · 1927
- Richton Tie & Timber Co. v. McWilliamsMississippi Supreme Court · 1953
- Ex Parte KeyCourt of Criminal Appeals of Oklahoma · 1926