Field v. Junkin
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Hon. J. S. Hicks, Chancellor. Suit by William Junkin against Mrs. Jane Field et al. From the overruling of a motion to set aside a decree pro confesso, defendant appeals. The facts are as follows: The appellant, Mrs. Jane Field, and the appellee, Wm. Junkin, were tenanats in common of a certain tract of land described in pleadings. Mrs. Field sold her interest in the timber on the land to Messrs.
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Appeal from the chancery court of Adams county. Hon. J. S. Hicks, Chancellor. Suit by William Junkin against Mrs. Jane Field et al. From the overruling of a motion to set aside a decree pro confesso, defendant appeals. The facts are as follows: The appellant, Mrs. Jane Field, and the appellee, Wm. Junkin, were tenanats in common of a certain tract of land described in pleadings. Mrs. Field sold her interest in the timber on the land to Messrs. Wilcox and Burkley, who afterwards began to deaden and cut the timber. Thereafter, Junkin filed a bill in chancery against Mrs. Field and Wilcox and…
1Opinion of the CourtSmith, J.
While appellant was negligent in not ascertaining that the bill filed against her in the court below prayed for a partition of the land in controversy, as well as for an injunction against cutting the timber thereon, her mistake in supposing that the bill involved only the cutting of timber was a very natural one under the circumstances. The setting aside of the decree pro confesso would have worked no serious injury to appellee, but would simply have deprived him of the advantage which he had secured by reason of appellant’s neglict to file her answer. Under the circumstances, we think the…
2Cases cited1 opinion
- Yost v. AldersonMississippi Supreme Court · 1880
3Cited by3 opinions
- Burns v. AllenMississippi Supreme Court · 1947
- Tonkel v. WilliamsMississippi Supreme Court · 1927
- Alexander v. HylandMississippi Supreme Court · 1950