Creegan v. Hyman

Citations

• 93 Miss. 481
• 46 So. 952

Syllabus

<p>1. Chancery Pleading and Practice. Amendment of bill. Dispensing with sworn answer.</p> <p>Where an unsworn bill in equity, not waiving an oath to the answer, was answered by defendant under oath, and the cause was set for final hearing, the time specifically allowed for taking testimony having expired and no testimony having been taken, it. was error to allow an amendment to the bill making it waive an answer under oath.</p> <p>2. Same. New Party complainant. Seasonable application.</p> <p>In a suit to cancel clouds on title to land, a motion by the complainant and a third party to amend the bill by making them joint complainants cannot be resisted by the defendants as coming too late because the case had been continued once, the bill of the original complainant answered and his deposition taken.</p> <p>3. Decrees and Judgments. Res judicata. Essentials.</p> <p>Before a plea of res judicata can prevail four things must be shown r Identity in the thing sued for, identity in the cause of action, identity of persons and parties to the action and identity of the quality in the person for or against whom the claim is made.</p> <p>4. Same. Decision on former appeal. Subsequent amendments.</p> <p>A decree overruling a demurrer to a bill of complaint, although: affirmed by the supreme court, is not res judicata and binding on. the defendants where, after the affirmance, the bill was amended, and made to show that the original complainant’s claim of title-to the land in suit was made in error and the alleged real owner made a new party complainant.</p> <p>5. Taxation. Tax sales. Quieting titles. Laws 1888, ch. 23, p. 40. Construction. Swdmp and overflowed lands.</p> <p>A sale for taxes of lands net subject to taxation, like swamp and. overflowed lands, was not validated by Laws 1888, ch. 23, p. 40, quieting titles to lands in the Yazoo Delta, sold by the commissioners of the. chancery court of Hinds county in the case therein, specified.</p> <p>6. Same. Levee taxes. Righ