Prine v. Smith

This appeal is from an interlocutory order of the Chancery Court of Covington County sustaining a special demurrer to the amended bill of complaint on the ground of failure of complainant to tender the return of the purchase money of the property described in the deed of conveyance sought to be cancelled, laches and a statute of limitation.

The failure to make tender is a procedural defect, and if raised by a demurrer, must be raised by special demurrer. Griffith’s Miss. Chancery Practice, 2d Ed., Section 295; Wirtz v. Gordon, 175 Miss. 726, 168 So. 74; McDonald v. Kamper, 89 Miss. 224, 42 So.…