McDonald v. Sanford
Mississippi Supreme Court
Prom the chaucery court of Covington county. Hon. James L. McOaskill, Chancellor. McDonald and his wife, Louella, appellants, were complainants in the court below; Mrs. Sanford, the appellee, was defend- and. ..there. From a decree sustaining defendant’s demurrer to the bill of complaint the complainants appealed to the supreme court.
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Prom the chaucery court of Covington county. Hon. James L. McOaskill, Chancellor. McDonald and his wife, Louella, appellants, were complainants in the court below; Mrs. Sanford, the appellee, was defend- and. ..there. From a decree sustaining defendant’s demurrer to the bill of complaint the complainants appealed to the supreme court. On January 8, 1900, Richard McDonald, one of the appellants, gave the husband of appellee a note to secure borrowed money, as follows: “Williamsburg, Miss. On or before January next, 1901, I promise to pay to Nancy A. Sanford the sum of $150.00, bearing interest…
1Opinion of the Court
Whitfield, C. T.,
delivered the opinion of the court.
This was an original bill, not a bill for review, and, if its allegations are sustained, the grossest possible fraud on the part of appellee will be shown. There was no res adjudicaba as to the rights of the wife in the homestead, growing out of the decree in the original suit, since she was not made a party to that suit. The authorities cited by learned counsel for appellee on this point have no application. The case of Pounds v. Clarke, 70 *638Miss., 263 (14 South. Rep., 22), announces a wholly unsound proposition, and it is hereby overruled.…
2Cases cited5 opinions
- McKenzie v. ShowsMississippi Supreme Court · 1892
- Larson v. ReynoldsSupreme Court of Iowa · 1862
- Sargent v. WilsonCalifornia Supreme Court · 1855
- Cummings v. BusbyMississippi Supreme Court · 1884
- Pounds v. Clarke, Hood & Co.Mississippi Supreme Court · 1892
3Cited by12 opinions
- Thomas v. CraftSupreme Court of Florida · 1908
- Farmers & Merchants Bank v. RushingMississippi Supreme Court · 1936
- Thompson v. DyessMississippi Supreme Court · 1953
- Young v. AshleyMississippi Supreme Court · 1920
- Davis v. CrawfordMississippi Supreme Court · 1936
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