Moore v. Summerville
Mississippi Supreme Court
From the chancery court of, first district, Panola county. Hon. James C. Longstreet, Chancellor. In 1896, one Cannon died intestate, seized and possessed of the lands in controversy in .this suit, leaving as his heirs his wife and children; Alice Summerville being one of the children.
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From the chancery court of, first district, Panola county. Hon. James C. Longstreet, Chancellor. In 1896, one Cannon died intestate, seized and possessed of the lands in controversy in .this suit, leaving as his heirs his wife and children; Alice Summerville being one of the children. Appellant, Moore, purchased at execution sale the interest of one of the heirs, and in January, 1898, filed his bill in the chancery court of Panola county against the other heirs, seeking to have the land sold for partition. Process was served on all the defendants except Alice Summerville, who was a…
1Opinion of the CourtCali-ioon, J.
The decree for partition was clearly void as to Alice Summerville, because of the defective publication of notice to her as a non-resident. The bill of Mr. Moore avers that she and the numerous other defendants are residents of Panola county. No affidavit is made that she was a non-resident. After return of not found as to her, an order of publication was made; but the order recites merely that “it appearing to the court by an averment in the bill, filed and sworn to, that Alice Summer-ville, a defendant therein, is a non-resident of this state, and that the postoffice of said defendant is…
2Cases cited20 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Holloway v. McIlhenny Co.Texas Supreme Court · 1890
- Williams v. WescottSupreme Court of Iowa · 1889
- Jacks v. BridewellMississippi Supreme Court · 1876
- Lyons v. HamnerSupreme Court of Alabama · 1887
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3Cited by17 opinions
- Rice v. McMullenMississippi Supreme Court · 1949
- Khoury v. SaikMississippi Supreme Court · 1948
- Ponder v. MartinMississippi Supreme Court · 1918
- Burns v. BurnsMississippi Supreme Court · 1923
- Mahaffey v. MahaffeyMississippi Supreme Court · 1936
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