Cox v. Kyle
Mississippi Supreme Court
FROM the chancery court of Tunica county. HoN. A. H. LoNGINO, Chancellor. The case is sufficiently stated in the opinion of the court. 1. Notwithstanding the denials of defendant’s answer that a sale was necessary, the court proceeded to decree a sale of the lands, upon some testimony that does not appear in the record.
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FROM the chancery court of Tunica county. HoN. A. H. LoNGINO, Chancellor. The case is sufficiently stated in the opinion of the court. 1. Notwithstanding the denials of defendant’s answer that a sale was necessary, the court proceeded to decree a sale of the lands, upon some testimony that does not appear in the record. Presumably the court, by its reference in the decree to oral testimony, meant that testimony of that character was taken as to the question of sale or partition in kind. But it is clear that §§ 1763, 1764, 1766, code 1892, do not authorize the taking of oral testimony in cases…
1Opinion of the CourtTerral, J.
The decree of the, chancery court in this case approves the application of the whole purchase money to the complainants, two of the co-tenants, on the ground recited in the decree, that the other co-tenants were indebted to complainants, and yet there is no allegation in the bill nor any evidence in the record, of any such indebtedness. This appears to us to be error. .
Another error is in decreeing a sale of the common property upon the pleadings and proofs in the case. The bill alleges that the tract of land cannot be divided in kind without impairing its value, and that it would be for the…
2Cases cited2 opinions
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Zirkle v. McCueSupreme Court of Virginia · 1875
3Cited by14 opinions
- Wight v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1944
- Dailey v. HoustonMississippi Supreme Court · 1963
- Smith v. StanselMississippi Supreme Court · 1908
- Grego v. GregoMississippi Supreme Court · 1900
- Carter v. FordMississippi Supreme Court · 1961
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