Dogan v. Brown
Mississippi Supreme Court
Appeal from the probate court of Tallahatchie county. Woeeokd, J. Appellants made the following assignment of errors : 1st. The court below erred in sustaining the motion made by defendant to dismiss the original petition of the plaintiff. 2d. The court erred in refusing to allow to be read as evidence in behalf of the plaintiff, the citation and the sheriff’s indorsement thereon, referred to in her petition. 3d.
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Appeal from the probate court of Tallahatchie county. Woeeokd, J. Appellants made the following assignment of errors : 1st. The court below erred in sustaining the motion made by defendant to dismiss the original petition of the plaintiff. 2d. The court erred in refusing to allow to be read as evidence in behalf of the plaintiff, the citation and the sheriff’s indorsement thereon, referred to in her petition. 3d. The court erred in excluding the testimony of the witness, M. L. Trewalla, and in refusing to allow to be read as evidence in behalf of plaintiff, for the purpose stated in the…
1Opinion of the Court
SlMR-ALL, J.:
The essential question presented in the record and debated by counsel, is whether the decree of the probate court, made on the final settlement, in 1853, is a bar to the relief sought in the petition of Dogan and wife.
For the plea in bar, it is claimed, that this decree, reciting that it was rendered on due notice to said Elizabeth, and that the other legatees and heirs of the testator, is conclusive.
For the plaintiffs, it is insisted that the papers and other matters, offered to be shown by the records of the probate court, contradict these recitals, and demonstrate that the…
2Cases cited7 opinions
- Smith v. KernochenSupreme Court of the United States · 1849
- Cason v. CasonMississippi Supreme Court · 1856
- Steen v. SteenMississippi Supreme Court · 1853
- Henderson v. WinchesterMississippi Supreme Court · 1856
- Pouns v. GartmanMississippi Supreme Court · 1855
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3Cited by5 opinions
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Viator v. StoneMississippi Supreme Court · 1947
- Crawford v. RedusMississippi Supreme Court · 1877
- Lewis v. StateMississippi Supreme Court · 1929
- Viator v. StoneMississippi Supreme Court · 1947