Pittman v. McClellan
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The bill in this case was filed by the appellees to' enforce-the vendor’s lien on a tract of land sold by their father, Silas-Pittman, in 1857, for the payment of a note for $1,000, which represented the balance of the purchase-money unpaid.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The bill in this case was filed by the appellees to' enforce-the vendor’s lien on a tract of land sold by their father, Silas-Pittman, in 1857, for the payment of a note for $1,000, which represented the balance of the purchase-money unpaid. Silas-Pittman died in 1859, and the administratrix of his estate failed to collect the note, and allowed it to become barred, as-to her, by the statute of limitations. The pleadings show that the complainants, who are the heirs and distributees of' Silas Pittman, filed their…
1Opinion of the CourtSimrall, C. J.
Of the class of interlocutory orders from which an appeal may be taken are the refusal of the chancellor to set aside a pro confesso and allow an answer to be filed, oí orders allowing the same to be done, and improper refusals to allow air *304amendment to be made in the pleadings or proceedings. Code 1871, sec. 1036; Code 1857, p. 548, art. 57.
In Hunt v. Walker, 40 Miss. (1866) it was said by the court, “ When a party seeks to amend his bill, he should regularly accompany his motion * * * with the amendment sought to be filed, so that the court may judge of the propriety of allowing the…
2Cases cited7 opinions
- Anding v. DavisMississippi Supreme Court · 1860
- Bacon v. GrayMississippi Supreme Court · 1851
- Mollan v. GriffithNew York Court of Chancery · 1831
- Pattison v. JosselynMississippi Supreme Court · 1871
- Pressly v. EllisMississippi Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alexander v. HylandMississippi Supreme Court · 1950
- Perry v. EllisMississippi Supreme Court · 1885
- Traweek v. KellyMississippi Supreme Court · 1882
- Ellis v. McGeeMississippi Supreme Court · 1885
- Bates v. McClellanMississippi Supreme Court · 1952