Gardner v. Duncan
Mississippi Supreme Court
Appear from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Bill by Adeline Duncan against B. J. Gardner. From a decree for complainant, defendant appeals. Appellee was complainant in the court below, and appellant was defendant. Appellee is an old, ignorant, negro woman, and appellant is her well-educated son.
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Appear from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Bill by Adeline Duncan against B. J. Gardner. From a decree for complainant, defendant appeals. Appellee was complainant in the court below, and appellant was defendant. Appellee is an old, ignorant, negro woman, and appellant is her well-educated son. The bill filed in the chancery court by appellee alleges that in 1898 complainant gave her son a sum of money with which to purchase for her a tract of land; that defendant took the money, and fraudulently and without complainant’s knowledge took title to the…
1Opinion of the CourtSmith, C. J.
“"When a defendant in equity sutlers a decree to be taken against him upon a pro confesso order, he cannot, in the appellate court, take advantage of the statute of limitations, although it appear upon the face of the bill that the time prescribed by the statute as a bar had *500elapsed. The statute may he waived, and a party will he held to have waived it in equity, unless he shows an intention to rely upon it, by plea, answer, or demurrer.” John Patterson v. Ingraham & Reed, 23 Miss. 87; Archer v. Jones, 26 Miss 583; Shoults v. Kemp, 57 Miss 218; Lewis v. Buckley, 73 Miss. 60, 19 South. 197;…
2Cases cited7 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- Bird v. BelzSupreme Court of Kansas · 1885
- Jones v. HooperMississippi Supreme Court · 1874
- Patterson v. IngrahamMississippi Supreme Court · 1851
- Griswold v. SimmonsMississippi Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gelling v. ClarkIndiana Court of Appeals · 1926
- Dillon v. HackettMississippi Supreme Court · 1948
- Perrell v. LiebmanAppellate Court of Illinois · 1930