Legal Opinion

Beville v. McIntosh

Mississippi Supreme Court

Decided June 15, 1867PublishedCited by 3 opinions

Error to the Chancery Court of Noxubee county, Hon. John "Watts, chancellor, on exchange of circuits with Hon. W. H. Eoote, chancellor of sixth judicial district. Defendant in error filed his bill for the purpose of enforcing the vendor’s lien. Process was returned properly served.

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Error to the Chancery Court of Noxubee county, Hon. John "Watts, chancellor, on exchange of circuits with Hon. W. H. Eoote, chancellor of sixth judicial district. Defendant in error filed his bill for the purpose of enforcing the vendor’s lien. Process was returned properly served. At the April term, 1867, the plaintiffs in error having failed to appear, the following decree was made: “ This cause coming on to be heard this day upon bill, exhibits and proofs, and it appearing that the defendants were duly served with notice and they having failed to plead, answer or.demur to the bill of…

1Opinion of the Court

Ellett, J.,

delivered tbe opinion of tbe court.

Tbe questions in this case are :

1. "Whether a cause can be set down for hearing before a pro eonfesso has been taken against the defendant, he having failed to appear.

2. "Whether a final decree can be passed on a bill to foreclose a mortgage, without a reference to the clerk, or a master, to compute and report the amount due.

"We think that both these questions are settled in the negative by articles 39 and 48 of the Chancery Court act, Rev. Code, 547, which articles are only in affirmance of the long established practice of chancery courts. These…

2Cited by3 opinions

  1. Hambrick v. JonesMississippi Supreme Court · 1886
  2. Freeman v. LedbetterMississippi Supreme Court · 1870
  3. Mezeix v. McGrawMississippi Supreme Court · 1870

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