Wells v. Ellabee
Mississippi Supreme Court
Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Ellabee and another, appellees, were complainants in the court below; Mrs. Wells and others were defendants there. Erom a decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court.
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Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Ellabee and another, appellees, were complainants in the court below; Mrs. Wells and others were defendants there. Erom a decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court. Chancery courts have power to correct errors in contracts in order to carry out the intention of the parties, but no such power-exists as to a judicial sale or a commissioner’s deed. This seems-so clear that it hardly needs citation of authority, but a case identical with…
1Opinion of the Court
Calhoon, J.,
deliverd the opinion of the court.
There had been a bill for partition between the appellants and other parties, which had resulted in a decree for sale for partition. This sale for partition had been made, and all the property so sold had been bought at the public sale of the commissioner of the court by the appellees. This sale and purchase had been madeori January 2, 1905, and on April 4, 1905, that commissioner’s sale jvas duly confirmed by the chancery court, which rendered the decree for sale for partition. On January 23, 1907, Ella-bee and another, the appellees, filed their…
2Cited by3 opinions
- Fant v. WilliamsMississippi Supreme Court · 1918
- Cusimano v. SpencerMississippi Supreme Court · 1943
- Coers v. WilliamsMississippi Supreme Court · 1954