Carlisle v. Allen

¶ 38. Justice Lamar has astutely honed in upon the controlling, nearly two-century-old holding of this Court in Gerault v. Anderson, 1 Miss. 30, 1818 WL 456 (June Term 1818), that “on the death of [a] party his interest ceases, and the jurisdiction of the court ceases also.” Id. at *2. See also Owen v. Abraham, 233 Miss. 558, 561, 102 So.2d 372, 373 (1958) (quoting Griffith’s Mississippi Chancery Practice, Section 591) (the “impossibility of’ litigation “carried on by or against any deceased person!,]” is “apparent ... upon its mere mention”). Application of that principle in a…