Miller v. Lamar
Mississippi Supreme Court
'Appeal from the chancery court of Pontotoc county. Bradeord, J. The appellant assigned the following errors : 1st. The court below erred in sustaining the demurrer to defendant’s cross-bill. *" 2d.
Read the full summary
'Appeal from the chancery court of Pontotoc county. Bradeord, J. The appellant assigned the following errors : 1st. The court below erred in sustaining the demurrer to defendant’s cross-bill. *" 2d. The said court erred in entering up a judgment^? confesso against the said appellant, after the demurrer to her said cross-bill was sustained, and while said cause remained at issue on her original answer to appellees amended bill of complaint, which had been filed in said cause prior to the filing of said cross-bill and complainant’s demurrer thereto. 3d. The court erred in hearing said cause…
1Opinion of the Court
Simrall, J.:
Nathan Lamar brought his bill in chancery on the 4th of March, 1867, against the plaintiff in error, to subject a tract of land, sold by Lamar to John H. Miller, to the payment of a *388balance due on the last installment of the purchase moneys To the original bill, the children, heirs of John H. Miller (who had deceased), were made defendants. But the land having been devised by said Miller to his widow, the plaintiff in error, the suit was dismissed as to the children.
The original bill states that the sale was made about the 28th of April, 1857, when Miller executed to Lamar his…
2Cases cited1 opinion
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
3Cited by2 opinions
- Austin Clothing Co. v. PoseyMississippi Supreme Court · 1913
- Green's Adm'r v. ThompsonSupreme Court of Virginia · 1888