Clary v. Lowry

Citations

• 51 Miss. 879

Syllabus

<p>1. Pleading and Practice: Allegations to he taken most strongly against the pleader.</p> <p>It is a well established rule of pleading, that the allegations of pleadings must be taken most strongly against him who pleads.</p> <p>2. Gase in judgment.</p> <p>The goods, etc., mortgaged having remained in the possession of the grantor and never being delivered to the trustee, and the conditions of the deed having been broken for a long time and no effort made to foreclose, and the allegations of the bill being vague and indefinite in not disclosing what goods were levied upon, the demurrer should have been sustained and the bill dismissed.</p>