Ponder v. Martin
Mississippi Supreme Court
Appeal from the chancery court of Rankin county. HoN. Gr. C. TaNN, Chancellor. Suit by W. L. Martin and others for partition and sale. Prom a decree confirming the sale, a part of defendants and plaintiff appeal. W. L. Martin and others, constituting a numerous body of complainants, filed a bill in the chancery court against D. M. Ponder and others, constituting a large number of defendants, for the partition and sale for division of certain property described in the bill.
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Appeal from the chancery court of Rankin county. HoN. Gr. C. TaNN, Chancellor. Suit by W. L. Martin and others for partition and sale. Prom a decree confirming the sale, a part of defendants and plaintiff appeal. W. L. Martin and others, constituting a numerous body of complainants, filed a bill in the chancery court against D. M. Ponder and others, constituting a large number of defendants, for the partition and sale for division of certain property described in the bill. Numerous of the defendants were non-residents of the state, and it is alleged: That Tildón Ponder, R. L. Ponder, Amos…
1Opinion of the CourtEtbibidge, J.
It will be noted from the statement of facts above that neither the bill nor the affidavit filed after the filling of the hill, set forth or alleged that the post office address of the parties named was the same name as the place set forth in the bill. Section 3920, Code 1906 (section 2927, Hemingway’s Code) provides how nonresident of unknown defendants may he summoned by publication. This section, omitting the form of the notice or summons, reads as follows:
“If a defendant in any proceeding in a chancery court he shown by bill or petition sworn to or by affidavit filed, to , be a…
2Cases cited1 opinion
- Moore v. SummervilleMississippi Supreme Court · 1902
3Cited by20 opinions
- Rice v. McMullenMississippi Supreme Court · 1949
- Cotton v. HarlanMississippi Supreme Court · 1920
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Burns v. BurnsMississippi Supreme Court · 1923
- Belt v. AdamsMississippi Supreme Court · 1920
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