Enochs v. Harrelson
Mississippi Supreme Court
Appeal from the Chancery Court of Calhoun County. Hon. A. B. Fly, Chancellor. The appellees, who are minors, by their guardian, filed this bill, against the appellant and another, to review a chancery proceeding, and vacate the decree and sale thereunder of land which they inherited, upon the allegation that the defendants, confederating to defraud them, filed a bill setting up a pretended lien upon the land, and, without proper proceedings, obtained the decree under which…
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Appeal from the Chancery Court of Calhoun County. Hon. A. B. Fly, Chancellor. The appellees, who are minors, by their guardian, filed this bill, against the appellant and another, to review a chancery proceeding, and vacate the decree and sale thereunder of land which they inherited, upon the allegation that the defendants, confederating to defraud them, filed a bill setting up a pretended lien upon the land, and, without proper proceedings, obtained the decree under which the appellant purchased. The exhibit discloses a bill, filed by the appellant, as assignee of a note made by their…
1Opinion of the CourtCampbell, J.
A bill of review for error apparent on the face of the decree is in the nature of an assignment of errors, on writ of error, and the error must appear on the face of the pleadings, proceedings, and decree, without reference to the evidence. The propriety of the decree, as not justified by the evidence, cannot be questioned by bill of review, which is not a substitute for an appeal from the decree. The question presented by a bill of review for error apparent is, whether the decree rendered is supported, taking everything as stated by the record, excluding the evidence, to be true. Under our…
2Cases cited8 opinions
- Moore v. HuntingtonSupreme Court of the United States · 1873
- Webb v. PellNew York Court of Chancery · 1831
- Pitts v. ParkerMississippi Supreme Court · 1870
- Goodhue v. ChurchmanNew York Court of Chancery · 1846
- Lindsey v. BatesMississippi Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilson v. SchaeferTennessee Supreme Court · 1901
- Brown v. WessonMississippi Supreme Court · 1917
- Todd v. ToddMississippi Supreme Court · 1945
- Axtell v. PulsiferIllinois Supreme Court · 1895
- McLemore v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.