Burks v. Burks
Mississippi Supreme Court
From the chancery court of Chickasaw county, first district. Hon. Baxter McFarland, Chancellor. The conclusion of the chancellor upon the merits having been affirmed in general terms, it is unnecessary to set out the evidence. The facts touching the matters of practice passed upon by the court are sufficiently stated in the opinion. The brief of counsel is chiefly taken up with a discussion of the merits of the cause.
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From the chancery court of Chickasaw county, first district. Hon. Baxter McFarland, Chancellor. The conclusion of the chancellor upon the merits having been affirmed in general terms, it is unnecessary to set out the evidence. The facts touching the matters of practice passed upon by the court are sufficiently stated in the opinion. The brief of counsel is chiefly taken up with a discussion of the merits of the cause. The bill prays for publication against certain defendants who are not alleged to be non-residents. The affidavit for publication was defective and no valid decree could be based…
1Opinion of the Court
Cooper J.,
delivered the opinion of the court.
We think the conclusion of the chancellor upon the question of title is supported by the evidence.
The publication of notice to the non-resident owners was not supported by any sufficient affidavit. The oath of the attorney to the bill was only to the effect that “thematter and things stated in the bill on his own knowledge are true, and that those things stated on information and belief he believes to be true.”
There is nothing stated in the bill to be true to the knowledge of tbe attorney and nothing stated on his information and belief. While an…
2Cases cited1 opinion
- Waller v. ShannonMississippi Supreme Court · 1876
3Cited by5 opinions
- Moore v. SummervilleMississippi Supreme Court · 1902
- Weis v. AaronMississippi Supreme Court · 1897
- Mercantile Acceptance Corp. v. HedgepethMississippi Supreme Court · 1927
- Downing v. CampbellMississippi Supreme Court · 1922
- Huff v. MurrayMississippi Supreme Court · 1935