Carpenter v. Edwards
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. Dora Carpenter and others filed their bill against M. B. Edwards and others, in which they set out their title to certain lands under and by virtue of a lost deed, and prayed that certain pretended conveyances held by defendants be cancelled as a cloud upon their title. The defendants answered, denying, upon information, that complainants had any title to the land in question.
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. Dora Carpenter and others filed their bill against M. B. Edwards and others, in which they set out their title to certain lands under and by virtue of a lost deed, and prayed that certain pretended conveyances held by defendants be cancelled as a cloud upon their title. The defendants answered, denying, upon information, that complainants had any title to the land in question. The cause was set down for hearing upon bill and answer. The answer was sworn to, and no proof was taken to maintain the bill, d^he…
1Opinion of the CourtCampbell, J.
A denial upon information is a denial “ otherwise than by the general traverse,” and is sufficient to prevent facts averred in the bill from being taken at the hearing as admitted. It is true, as held in Toulme v. Clark, ante, p. 471, that an answer upon in*597formation does not put the complainant to the proof of his bill by more than one witness, but the sufficiency of an answer to require some evidence to maintain the bill is a different question. The answer in this case is sufficient to require proof to maintain the bill, and, as none was furnished, the decree was properly for the defendants.
A…
2Cited by3 opinions
- Fant v. FantMississippi Supreme Court · 1935
- Weston v. Estate of LawlerMississippi Supreme Court · 1981
- Shackelford v. BrownMississippi Supreme Court · 1894