Farmers & Merchants Bank of Memphis v. Tappan
Mississippi Supreme Court
On appeal, from the probate court of Yalabusha county. The Farmers and Merchants Bank of Memphis, Tennessee, and George W. Smith, filed a bill of review to the August Term, 1844, of the probate court of Yalabusha county, for the purpose of reviewing the decree of that court made upon the petition of Edmund S. Tappan and Sarah E. Tappan his wife, at the March term, A. D. 1844, allotting to them dower in certain lands alleged to have been owned by Andrew R. Govan, deceased ;…
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On appeal, from the probate court of Yalabusha county. The Farmers and Merchants Bank of Memphis, Tennessee, and George W. Smith, filed a bill of review to the August Term, 1844, of the probate court of Yalabusha county, for the purpose of reviewing the decree of that court made upon the petition of Edmund S. Tappan and Sarah E. Tappan his wife, at the March term, A. D. 1844, allotting to them dower in certain lands alleged to have been owned by Andrew R. Govan, deceased ; the dower allotted to Tappan and wife being that of Mrs. Govan, his widow, who it was alleged in the petition of Tappan…
1Opinion of the CourtJustice Clayton
This was a bill of review filed in the probate court of Yala-bnsha county, to review and set aside an order which had been made at a previous term, allotting dower to the wife of *128Tappan. Various errors are pointed out in the proceedings, but it is not necessary to consider any of them, because the case will be decided upon a different principle.
It has already been determined by this court, that a bill of review cannot be filed ih the probate court; that proceeding is admissible in courts of chancery only. Harris el al. v. Brown's Adm’rs. The decree of the probate court, dismissing the bill of…
2Cases cited1 opinion
- Jackson ex dem. Clarke v. RandallNew York Supreme Court · 1825