Mead v. Day
Mississippi Supreme Court
Appeal from tbe Chancery Court of Pike County. Hon. Thomas Y. Beery, Chancellor. If a failure to deny any of the facts averred in the bill, but simply calling for proof thereof, is sufficient under the statute (Code 1871, § 1024) to put the complainant to proof of such allegations, then the decree dismissing the bill is correct, as there was no proof of the matters for which, under such answer, proof was required.
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Appeal from tbe Chancery Court of Pike County. Hon. Thomas Y. Beery, Chancellor. If a failure to deny any of the facts averred in the bill, but simply calling for proof thereof, is sufficient under the statute (Code 1871, § 1024) to put the complainant to proof of such allegations, then the decree dismissing the bill is correct, as there was no proof of the matters for which, under such answer, proof was required. But, on the other hand, if the absence of such a special denial of the allegations in the bill has the effect of an admission of their truth, then the only question for…
1Opinion of the CourtCharmers, J.
The bill was filed to cancel a tax-deed, held by the defendant, which the complainant alleged was a cloud upon his title. The bill averred title in the complainant by virtue of a purchase of the land at a sale in bankruptcy, under proceedings in the United States District Court for the Southern District of Mississippi, alleging the regularity and validity of all the steps taken in said proceedings and sale. The respondent in his answer denied any knowledge of such proceedings, and called for strict proof. The complainant failed to make the proof, but insists that he is entitled, under the…
2Cases cited4 opinions
- McAllister v. CloptonMississippi Supreme Court · 1875
- McGehee v. MartinMississippi Supreme Court · 1876
- Cowen v. AlsopMississippi Supreme Court · 1875
- Reynolds v. NelsonMississippi Supreme Court · 1866
3Cited by8 opinions
- Kennedy v. SandersMississippi Supreme Court · 1907
- McLemore v. AndersonMississippi Supreme Court · 1907
- Griffin v. EllisMississippi Supreme Court · 1885
- Hopper v. OverstreetMississippi Supreme Court · 1901
- Clark v. DillonNew York Court of Common Pleas · 1882
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