Beard v. Green

Citations

• 51 Miss. 856

Syllabus

<p>1. Chancery Practice: Remanding cause for further proof. Om'elessness or inadvertance.</p> <p>Where the defendant in equity, after the cause has been submitted on bill, answer and exhibits, without proof, moved the court to remand the cause and allow him to take proof, and supported his motion by the affidavit of his solicitor, to the effect that he had omitted to make the proof before the hearing, because of a mistaken impression on his part that the allegations of the answer were responsive to the bill, and being under oath, were to be taken as true, it was error to refuse the motion. The power of the chancery court to remand a cause for further proof at any time before final decree, and in some cases, after it, either with or without the consent of parties, is one of the marked characteristics distinguishing it from a court of law, and is one of its most salutary and beneficent powers. It should always be exercised where it is necessary to the ascertainment of the true merits of the controversy, and this is so, even where the necessity arises from the carelessness or ignorance of litigants or counsel.</p> <p>2. Same: Same: Taxes of 1861. A sale for taxes, embracing a levy for war purposes, is void. Case in judgment.</p> <p>If any taxes levied for purposes of war were embraced in the amount for which the sale took place, it renders the sale and the deed thereunder void.</p>