Spears v. Cheatham
Mississippi Supreme Court
Error to the chancery court of Lee county. BRADFORD, J. The facts are fully set forth in the opinion of the court. 1. The decree pro confesso and final decree were improperly taken as to defendant, King Prather, because the affidavits for order of publication were deficient in this, that they did not state the place of residence of the non-resident defendant, King Prather, or that such residence could not be ascertained, and that the order of the court, directing the…
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Error to the chancery court of Lee county. BRADFORD, J. The facts are fully set forth in the opinion of the court. 1. The decree pro confesso and final decree were improperly taken as to defendant, King Prather, because the affidavits for order of publication were deficient in this, that they did not state the place of residence of the non-resident defendant, King Prather, or that such residence could not be ascertained, and that the order of the court, directing the publication to be made, did not direct the clerk to transmit, by mail, a copy of such order to the non-resident defendant, King…
1Opinion of the Court
SlMRALL, J.:
On the 9th April, 1867, Turner L. Cheatham, the defendant in error, 'recovered judgment in the -circuit court of Pon-totoc county against L. D. Saunders, for the sum of $8,600.
The 11th of March, 1869, Cheatham exhibited his bill in the chancery court of Lee county, against the plaintiffs in error, for the purpose of subjecting to the satisfaction of his debt, a tract of land therein mentioned. The right so to do, rests on these allegations of the bill:
*68“ That, complainant is informed, and believes the fact to bey that Saunders (the judgment debtor) did, sometime in 1860 or 1861,…
2Cases cited1 opinion
- Gwin v. WilliamsMississippi Supreme Court · 1854
3Cited by4 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Austin v. BarberMississippi Supreme Court · 1906
- Commercial Bank v. WilliamsMississippi Supreme Court · 1925
- Woodard v. MossMississippi Supreme Court · 1947