Brown v. Wesson
Mississippi Supreme Court
Appeal from the chancery court of Lee county. • Hon. A.. J. McIntyre, Chancellor. Bill by W. D. Brown and others against J. W. Wesson, H. C. Stovall and another in which defendants named, answered with a cross-hill. From a decree dismissing the bill in part, plaintiffs appeals and defendants cross-appeal.
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Appeal from the chancery court of Lee county. • Hon. A.. J. McIntyre, Chancellor. Bill by W. D. Brown and others against J. W. Wesson, H. C. Stovall and another in which defendants named, answered with a cross-hill. From a decree dismissing the bill in part, plaintiffs appeals and defendants cross-appeal. Complainants filed their bill in the chancery court of Lee county, at the April, 1914, term, against the defendants H. C. Stovall, John W. Wesson, and Mrs. Mary Carruth, setting forth: That at the July, 1909, term the complainants in the present bill and Mrs. Mary Carruth, who was at that…
1Opinion of the CourtEthridge, J.
(After stating the facts as above.) The question as to whether this bill is a bill of review, or whether it is an original suit under the head of mistake, accident, and fraud, arises for consideration. The chancellor’s view was, that it was a bill of review, and that it was barred by the two-year statute, and would expire in two years from the date of the decree, in September, 1909. It may be stated, generally, that a bill of review is one filed to procure an examination and reversal of the decree, after its enrollment, for some mistake appearing on the face of the papers in the case or from…
2Cases cited8 opinions
- Sullivan v. LumsdenCalifornia Supreme Court · 1897
- Enochs v. HarrelsonMississippi Supreme Court · 1879
- Smith v. ButlerOregon Supreme Court · 1883
- Webster v. SkipwithMississippi Supreme Court · 1853
- Adair v. CumminMichigan Supreme Court · 1882
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3Cited by18 opinions
- Trim v. TrimMississippi Supreme Court · 2010
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- Kittrell v. O'FlynnMississippi Supreme Court · 1948
- Kemp v. Atlas Fertilizer & Chemical Co.Mississippi Supreme Court · 1967
- United States v. Cold Metal Process Co.District Court, N.D. Ohio · 1944
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