Weir v. Jones
Mississippi Supreme Court
From tbe chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor. After the decision of this case in the supreme court (see Wevr v. Jones, ante p. 602)-, the appellees made a motion in these' words: “Appellees move the court to strike from the record herein the paper purporting to be the appointment of J. N. Flowers as substituted trustee, appearing on pp. 49 and 50 of the transcript, and also to strike from the opinion herein (36 South., 533) all…
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From tbe chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor. After the decision of this case in the supreme court (see Wevr v. Jones, ante p. 602)-, the appellees made a motion in these' words: “Appellees move the court to strike from the record herein the paper purporting to be the appointment of J. N. Flowers as substituted trustee, appearing on pp. 49 and 50 of the transcript, and also to strike from the opinion herein (36 South., 533) all reference to said paper, or at least so much of the opinion as recites and states that said paper is an exhibit to the…
1Opinion of the Court
OPINION OE THE COURT ON THE MOTION.
2Per curiam
On page 10 of this record the deed from the substituted trustee to the appellant is expressly referred to, and a copy thereof, in the language of the original bill of complaint, “is hereto attached as Exhibit ‘D’ to this, bill, and the same may also be found of record in deed book No. 14, on p. 325 et seqF That deed is copied into and forms part of this record, and by its express language makes the instrument appointing the substituted trustee a part of the deed of conveyance. This deed and appointment is not again copied as an exhibit to the amended bill,…
3Cited by2 opinions
- McKinney v. AdamsMississippi Supreme Court · 1909
- Orlansky v. JohnsonMississippi Supreme Court · 1916