Johns v. Harper
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. This was an original bill in the nature of a bill of review, filed on November 29,1881, by the appellants, minors, by their next friend, against G. W. Harper, J. E. Smith, and Alfred Johns. The appeal is from a decree sustaining demurrers to the bill.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. This was an original bill in the nature of a bill of review, filed on November 29,1881, by the appellants, minors, by their next friend, against G. W. Harper, J. E. Smith, and Alfred Johns. The appeal is from a decree sustaining demurrers to the bill. Its statements were that these infants owned the land in controversy, their mother, who is their next friend, being trustee; that neither she nor they had any means but the land, which was forfeited for non-payment of taxes, part in 1875 and the rest in March, 1876,…
1Opinion of the CourtCharmers, J.
We have had several occasions to consider the question as to how far decrees in chancery are binding upon minor defendants and to lay down the law as to the right of such defendants to re-open them. Sledge v. Boone, 57 Miss. 222; McLemore v. Chicago Railroad Co., 58 Miss. 514. The present case involves the question as to the effect of a decree procured by minor complainants in their own favor upon a bill filed in their names by a prochein ami. The general rule is that such decrees are as binding upon them as if they were adults, and we know of mo case holding otherwise where personalty alone…
2Cases cited3 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
- McLemore v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1880
- Sledge v. BooneMississippi Supreme Court · 1879
3Cited by4 opinions
- Lake v. PerryMississippi Supreme Court · 1909
- Memphis Stone & Gravel Co. v. ArcherMississippi Supreme Court · 1919
- Smith v. StricklandMississippi Supreme Court · 1925
- Gusdofer v. GundyMississippi Supreme Court · 1894