Farmer v. Allen

Citations

• 85 Miss. 672

Syllabus

<p>1. Appeals. Supreme court. Plea in han\\ Statute of UmMations. Code 1892, l 2752.</p> <p>A plea in bar of an appeal, based, on tbe statute of limitations, Code 1892, § 2752, providing that appeals to the supreme court shall be prosecuted within two years next after the rendition of the judgment or decree complained of, may be filed in and passed upon by the supreme court.</p> <p>2. Same. Decree for sale of land. Erroneous description. Effect on pendency of suit.</p> <p>Where in a suit for the sale of lands a decree was rendered, purporting to be final, condemning the lands described in the bill to sale, but erroneously describing them by giving the wrong section number, the decree, while erroneous, is not void, and upon its rendition the suit ceased to be a pending one; and an appeal therefrom was, as to all persons not under disability, barred two years after its rendition.</p> <p>3. Partition Suit. Dismissal. Defendants’ rights.</p> <p>Where defendants, because of an erroneous description of land in what was regarded for years as a final decree in a partition suit, seek to have the cause in which it was rendered treated as a pending one, and the complainant asks, in the event it be so treated, that the cause be dismissed, the defendants cannot complain of a decree purporting to dismiss it without prejudice to their rights to bring any other suit they may see proper.</p>