Foster v. Gulf Coast Canning Co.
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. "W". T. Houston, Chancellor. Mary J. Foster, the appellant, exhibited this bill against the Gulf Coast Canning Company and others, alleging that .she is the real owner of an interest in the lands in controversy ; that the defendants also assert a claim thereto, which is a cloud on her title, and which she prays to have canceled.
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From the chancery court of Harrison county. Hon. "W". T. Houston, Chancellor. Mary J. Foster, the appellant, exhibited this bill against the Gulf Coast Canning Company and others, alleging that .she is the real owner of an interest in the lands in controversy ; that the defendants also assert a claim thereto, which is a cloud on her title, and which she prays to have canceled. The bill sets out with great particularity complainant’s title, as well as that asserted by the defendants, but, in view of the opinion, which passes upon a single question, it is only necessary to state that the title…
1Opinion of the CourtWoods, J.
The demurrer is founded upon a total misconception of the character of complainant’s bill. It is not a bill of review in any sense. It is an original bill for cancellation of certain deeds clouding complainant’s title to an undivided interest in the lands named. While it is true that, mauy years ago, there was a decree of the chancery court partitioning these lands, on the case then made, still, it is obvious that complainant was then a non-resident infant of tender years, and was not a party to that proceeding. Her interests were wholly unaffected by that decree. Neither the statute of…
2Cited by5 opinions
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