Smith v. W. Denny & Co.
Mississippi Supreme Court
From the chancery court of Jackson county. Hon. Thaddeus A. Woon, Chancellor. Smith, the appellant, was complainant in tbe court below; and W. Denny & Company, a corporation, and others, the appellees, were defendants there. From a decree dismissing the bill complainant appealed to the supreme court.
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From the chancery court of Jackson county. Hon. Thaddeus A. Woon, Chancellor. Smith, the appellant, was complainant in tbe court below; and W. Denny & Company, a corporation, and others, the appellees, were defendants there. From a decree dismissing the bill complainant appealed to the supreme court. Appellant filed his bill in chancery in June, 1905, claiming title to land sold to him March 3, 1902, for the taxes of 1901. The bill alleged that the appellee, W. Denny & Company, was, in so far as appellant could with due diligence ascertain, the only other perspn having or asserting any…
1Opinion of the Court
Mayes, I.,
delivered the opinion of the court.
The bill of complaint filed in this.cause is demurred to because, as stated in the demurrer, “complainant merely states a conclusion of law when he avers that the tax sale, under which he claims title to the land in controversy, was legal and valid, instead of alleging the instances of and specifically setting forth all the facts necessary to constitute a valid sale of the land by the tax collector”; and, secondly, because “complainant has not in his bill stated such a cause as entitles him to the relief sought.” If the bill of complaint be treated…
2Cases cited6 opinions
- Griffin v. DoganMississippi Supreme Court · 1873
- Belcher v. MhoonMississippi Supreme Court · 1873
- Lemmon v. DunnMississippi Supreme Court · 1883
- Coffee v. ColemanMississippi Supreme Court · 1904
- Burroughs v. JonesMississippi Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Paepcke-Leicht Lumber Co. v. SavageMississippi Supreme Court · 1924
- White v. MERCHANTS AND PLANTERS BK.Mississippi Supreme Court · 1956
- Leech v. Masonite Corp.Mississippi Supreme Court · 1953
- Bean v. FairbanksUtah Supreme Court · 1915
- Lamar Life Ins. Co. v. BillupsMississippi Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.