Weir v. Jones
Mississippi Supreme Court
From the chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor. Jones and another, appellees, were complainants, and Weir, appellant, was defendant in the court below. From a decree in complainants’ favor the defendant appealed to the supreme court.
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From the chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor. Jones and another, appellees, were complainants, and Weir, appellant, was defendant in the court below. From a decree in complainants’ favor the defendant appealed to the supreme court. The opinion states the case. [The briefs of counsel for appellant were lost from the record before it reached the reporter.] The whole gravamen of the bill is that the defendant, Weir, through fraudulent conduct and a breach of trust, secured the legal title to the land, and a demurrer will not lie to such a bill. The…
1Opinion of the CourtTruly, J.
No principle of equity jurisprudence is more firmly established than that, where fraud is relied on as a basis of relief sought from a chancery court, the facts of which the charge of fraud is predicated must be specifically stated with full definiteness of detail. No general averment of a fraudulent course of business, and no bare statement of a corrupt design on the part of the defendant, is sufficient. The acts themselves which are claimed to be fraudulent must be clearly set out. It must further appeal’, by definite averment, in what manner the fraudulent acts wrought injury to the…
2Cases cited5 opinions
- Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- McMullen v. RitchieU.S. Circuit Court for the District of Northern Ohio · 1894
- McInnis v. Wiscassett MillsMississippi Supreme Court · 1900
- Watts v. PattonMississippi Supreme Court · 1888
3Cited by4 opinions
- Jones v. RogersMississippi Supreme Court · 1904
- Equitable Life Assurance Society of the United States v. WeilMississippi Supreme Court · 1912
- Alabama & Vicksburg Railway Co. v. ThomasMississippi Supreme Court · 1905
- Hawkins v. ColemanMississippi Supreme Court · 1886