Kirkland v. Texas Express Co.
Mississippi Supreme Court
Appeal from the Chancery Court of Jackson County. Hon. George Wood, Chancellor. The appellee, a company incorporated by a law of Texas, filed this bill against the appellant and persons unknown, for the sale of lands and division of the proceeds among those interested, on the allegation that it was impossible to make partition of the property without impairing its value, stating that the post-office of the appellant and the names of the other persons owning interests in the…
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Appeal from the Chancery Court of Jackson County. Hon. George Wood, Chancellor. The appellee, a company incorporated by a law of Texas, filed this bill against the appellant and persons unknown, for the sale of lands and division of the proceeds among those interested, on the allegation that it was impossible to make partition of the property without impairing its value, stating that the post-office of the appellant and the names of the other persons owning interests in the lands were unknown to the complainant. The bill, which asked for the usual order of publication, was sworn to before a…
1Opinion of the CourtChalmers, J.
The case abounds in errors. First: There was no sufficient affidavit to support the order of publication for the unknown defendants. The affidavit only states that the other parties in interest are unknown. The statute requires the further statement “ that diligent exertions have been made without success to ascertain their names.” Code 1871, § 1069. Second: The clerk of the court acted as agent of the complainant, swore to the bill, and made in his own name and on its behalf, every affidavit required in the cause. Then sitting at rules in vacation, he rendered a decree in its favor, ordering…
2Cited by1 opinion
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