Wanita Woolen Mills v. Rollins
Mississippi Supreme Court
From the chancery court of Lauderdale county. HoN. W. T. HoustoN, Chancellor. The facts are sufficiently stated in the opinion of the court. It is submitted that upon the pleadings the appellant was entitled to a final decree dismissing the bill. All the material .allegations of the bill were denied by the answer, and no testimony was taken. In this state of case the court ought to have decreed for appellant.
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From the chancery court of Lauderdale county. HoN. W. T. HoustoN, Chancellor. The facts are sufficiently stated in the opinion of the court. It is submitted that upon the pleadings the appellant was entitled to a final decree dismissing the bill. All the material .allegations of the bill were denied by the answer, and no testimony was taken. In this state of case the court ought to have decreed for appellant. The answer put in issue the allegations of the bill, and put the complainant to proof of those allegations. We insist that the decree was erroneous and that it should be reversed, and…
1Opinion of the CourtTerral, J.
This is a bill by Mrs. Rollins against the appellant, a corporation, to foreclose a mortgage executed by its president and secretary, to secure its promissory note for a large sum of money. The complainant, in her bill, waived an answer on oath. A copy of the note was filed with the bill, and also a certified copy of the mortgage. The answer denied the execution of the note and mortgage by the defendant, and all other averments of the bill, but admitted that the president and secretary of said company had executed said mortgage, but without authority. On bill and answer, a decree was entered…
2Cases cited1 opinion
- Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
- Elmslie v. ThurmanMississippi Supreme Court · 1905
- Kendrick v. KyleMississippi Supreme Court · 1900
- Panola County Bank v. J. O. Nessen Lumber Co.Mississippi Supreme Court · 1918
- United Woodman Benefit Ass'n v. IvyMississippi Supreme Court · 1916
- Masonic Benefit Ass'n v. SimmonsMississippi Supreme Court · 1905