Austin v. Barber

Citations

• 88 Miss. 553
• 41 So. 265

Syllabus

<p>1. Chancery Practice. Pro confesso. Decree.</p> <p>A pro confesso against a defendant authorizes only such final decree as may be properly predicated of the averments of the bill of complaint.</p> <p>2. Same. Partition. Bents.</p> <p>A final decree, based upon a pro confesso to a cross-bill, adjudging a defendant in a partition suit liable to the complainant in the cross-bill for rents is erroneous if the cross-bill contain no averment showing such liability.</p> <p>3. Same. .</p> <p>While the interest of a tenant in common who has had the use and occupation of more than his just proportion of the land may be charged with rents by a cptennant, the interest of another co-tenant who has not had such use and occupation is not so chargeable.</p>