Jackson v. Port Gibson Bank
Mississippi Supreme Court
From the chancery court of Claiborne county. Hon. William P/S. Ventress, Chancellor. The Port Gibson Bank and another, the appellees, were complainants, and Jackson and others, appellants, were defendants in the court below. The suit was to confirm title to real estate and to cancel and remove clouds therefrom. The defendants demurred to the bill of complaint, and from a decree overruling the demurrer they appealed to the supreme court.
Read the full summary
From the chancery court of Claiborne county. Hon. William P/S. Ventress, Chancellor. The Port Gibson Bank and another, the appellees, were complainants, and Jackson and others, appellants, were defendants in the court below. The suit was to confirm title to real estate and to cancel and remove clouds therefrom. The defendants demurred to the bill of complaint, and from a decree overruling the demurrer they appealed to the supreme court. The complainants charged- in their bill that respondents had executed a certain trust deed conveying the lands described in their bill; that default had been…
1Opinion of the CourtWhitfield, C. J.
The demurrer to the bill should have been sustained. There was no such deraignment of title as is required by Code 1892, § 501, which was expressly enacted for the purpose of changing the rule in Cook v. Friley, 61 Miss., 1. The case falls squarely within the rule of Long v. Stanley, 79 Miss., 298 (30 South. Rep., 823). The bill does not even set out the chain of title which the complainants allege they hold under the respondents. *649The deed from the trustee was an essential muniment of title, and should have-been set out in the bill.
The decree is reversed, and the cause remanded, with leave to…
2Cases cited2 opinions
- Long v. StanleyMississippi Supreme Court · 1901
- Cook v. FrileyMississippi Supreme Court · 1883
3Cited by2 opinions
- McDaniel v. McElvySupreme Court of Florida · 1926
- Russel v. Town of HickoryMississippi Supreme Court · 1917