Dickerson v. Thomas
Mississippi Supreme Court
From the chancery court of Coahoma county. Hon. W. E. Trigg, Chancellor. The facts as found by the court from the very voluminous record are stated in the opinion. 1. It was necessary for the complainant seeking to reopen the settled account to specify facts that might be put in issue, and the evidence to prove errors should be positive. McLoskey v. Gordon, 26 Miss. 270; Cahit v. Markham, 3 How. (Miss.) 343; Hunt v. Gordon, 52 Miss. 197; 1 Daniel Chy.
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From the chancery court of Coahoma county. Hon. W. E. Trigg, Chancellor. The facts as found by the court from the very voluminous record are stated in the opinion. 1. It was necessary for the complainant seeking to reopen the settled account to specify facts that might be put in issue, and the evidence to prove errors should be positive. McLoskey v. Gordon, 26 Miss. 270; Cahit v. Markham, 3 How. (Miss.) 343; Hunt v. Gordon, 52 Miss. 197; 1 Daniel Chy. Pr., 668, 371; Kilpatrick v. Harrison, 61 Ala. 492. Not having done this no proof as to errors was competent. 2. Where a bill in equity asks a…
1Opinion of the CourtCooper, J.
The appelleé exhibited his bill in this cause to cancel a conveyance made by him to appellant of a certain plantation and personal property, upon the ground that the same was obtained by the fraud of the grantee, and because of the usurious character of the consideration cited therein. Shortly stated, the averments of the bill are that appellant is a shrewd, designing white man, and appellee is an illiterate and confiding negro, who has through many years dealt with appellant, who was his merchant; that appellee, having confidence in the friendship and honesty of appellant, relied upon him to…
2Cases cited3 opinions
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