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· 1/15/1849

Garland v. Hull

Citations

  • 21 Miss. 76

Syllabus

<p>The chancery court has no jurisdiction of a bill filed by one person against another, to recover the amount of various open accounts held by the complainant against the defendant; some of which were contracted by the defendant with other persons than the complainant, and had been purchased by the complainant, and some contracted with the complainant- and his partner : the latter having parted with his interest to the former.</p> <p>It seems that the fact that certain goods have been furnished for the use of a particular plantation and negroes, gives no lien in equity on such property for the payment of such goods.</p> <p>Where a bill is without equity, and the answer thereto is framed as a de murrer ; and upon exceptions to the answer, it is ruled insufficient, and a pro confesso taken upon failure to answer farther, such pro confesso will not justify a decree against the defendant, because the bill makes no case against him.</p>

Judges: Clayton

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