Forniquet v. Forstall
Mississippi Supreme Court
Appeal from the Chancery Court of Harrison county. Hon. William M. Hancock, chancellor. The grounds taken hy the demurrer may he reduced to three heads:— 1st. Multifariousness. 2d. Jurisdiction. 3d. Relief. 1st point: Multifariousness.
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Appeal from the Chancery Court of Harrison county. Hon. William M. Hancock, chancellor. The grounds taken hy the demurrer may he reduced to three heads:— 1st. Multifariousness. 2d. Jurisdiction. 3d. Relief. 1st point: Multifariousness. Is the bill multifarious ? As a negative response to this question, we quote from the decisions of this honorable court:— “ Courts of equity have frequently interposed when- legal questions alone were involved, if the remedy at law was not clear, certain, or adequate. Courts of equity will also interpose to prevent multiplicity of suits, where'the…
1Opinion of the CourtPIandt, J.
The appellant filed this bill in the Chancery Court of Harrison county, as administrator de bonis non of Michel Nicaud, against Forstall, the former administrator of that estate, and others of the appellees, for the purpose of setting aside and annulling a sale of certain real estate of the intestate sold by Forstall, as administrator, under a decree of the proper Court of Probates, and afterwards purchased by certain of the appellees.
The statements and charges of the bill are, in substance, that Nicaud died in the year 1840, seised and possessed of certain real estate and town lots in the…
2Cases cited2 opinions
- Butler v. SpannMississippi Supreme Court · 1854
- Tinnin v. PriceMississippi Supreme Court · 1854
3Cited by4 opinions
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Todd v. WillisTexas Supreme Court · 1886
- National Surety Corp. v. LaughlinMississippi Supreme Court · 1937
- Hamilton v. Mississippi CollegeMississippi Supreme Court · 1876