Wofford v. Bailey
Mississippi Supreme Court
Appeal from the Chancery Court of Sumner County. Hon. R. W. WilliamsoN, Chancellor. The only error assigned by the appellant is the action of the court below in overruling his demurrer which was to the whole of the appellees’ bill of complaint. This case involves a construction of Code 1871, § 975. That statute was not" designed to draw into the Chancery Court contests as to legal titles. Carlisle v. Tindall, 49 Miss. 229. Ejectment suits are not of equitable cognizance.
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Appeal from the Chancery Court of Sumner County. Hon. R. W. WilliamsoN, Chancellor. The only error assigned by the appellant is the action of the court below in overruling his demurrer which was to the whole of the appellees’ bill of complaint. This case involves a construction of Code 1871, § 975. That statute was not" designed to draw into the Chancery Court contests as to legal titles. Carlisle v. Tindall, 49 Miss. 229. Ejectment suits are not of equitable cognizance. Huntington v. Allen, 44 Miss. 654. Nor was the law court to be deprived of the right to try such cases. Criffin v.…
1Opinion of the CourtChalmers, J.
The bill alleges that the complainants are the real owners of the land in controversy, by descent from their father, and that the defendant is in possession under a title-bond from one who had no title, and also under a void tax-deed. It seeks to have the tax-deed and title-bond cancelled as clouds upon their title, and asks for a writ of assistance to recover possession. The principal point of demurrer is to the alleged want of jurisdiction in a court of chancery, because of the existence of a complete remedy by action of ejectment at law. Under the broad provisions of § 975 of the Code of…
2Cases cited1 opinion
- Ezelle v. ParkerMississippi Supreme Court · 1867
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