Bland v. Bland

Citations

• 105 Miss. 478
• 62 So. 641

Syllabus

<p>1. Appbax, Aim Erkob. Review. Findings of Chancellor. Partition. Submission of issue to jury. Right of defendants. Remainder-men. Code 1906, sections 558 and 3525.</p> <p>Where on appeal the record does not show the chancellor was wrong in his findings on the facts, they will not he disturbed.</p> <p>2. Submission of Issue to Jurt. Right of defendant. Code 1906, section 558.</p> <p>Under Code, 1906, section 558 providing for jury trials in chancery courts, a trial by jury is not a matter of right and is allowed only in the discretion of the court.</p> <p>3. Partition. Parties. Defendants. Remaindermen. Code 1906, section 3525.</p> <p>Since under Code 1906, section 3525, so providing, in a proceeding for partition of land where the title of complainants is controverted, the chancery court is given authority and power to try and determine all questions of title and remove clouds from the same. In such a suit where the life tenant and re-maindermen joined as defendants, and filed a cross bill denying complainants’ title, it was not error for the chancellor to refuse to dismiss the bill as to the remaindermen and after determining the question of title in favor of complainant as against all the defendants, to award partition only against the life tenant.</p>