Brooks-Scanlon Co. v. Stogner

Citations

• 114 Miss. 736
• 75 So. 596

Syllabus

<p>1. Appeal and Error. Scope of review. Finding on facts.</p> <p>Where there is a conflict in the testimony as to matters of fact the findings of the chancellor thereon will be treated as true by the supreme court on appeal.</p> <p>2. Quieting Title. Proceedings to confirm title. Duties of parties.</p> <p>Under section 549, Code 1906, providing that the owner in possession, or out of possession, if there be no adverse possession, may file a bill in chancery to have his title confirmed, it is a fraud on the court to falsely allege that there is no adverse possession, since it is the duty of the complainant to ascertain whether there is adverse possession, and if there is, he must proceed under section 550, Code 1906, to have such adverse claim cancelled, and if he fails to do so, a decree confirming title is void as to a party in adverse possession, who may have such decree cancelled.</p> <p>3. Judgment. Collateral attach.</p> <p>A suit to cancel a decree confirming title on account of fraud in securing it, is not a collateral attack.</p> <p>4. Injunction. Dissolution. Damages.</p> <p>Where damages on the dissolution of an injunction have been allowed in the lower court, damages may be allowed by the supreme court on appeal.</p>