Hamilton v. Homer

Citations

• 46 Miss. 378

Syllabus

<p>1. Ejectment— “ legal bepbesentative ” — purchaser op title op PLAINTIEE IN EJECTMENT IS NOT “LEGAL BEPBESENTATIVE.” —Tile purchaser, at execution sale of the title of the plaintiff, in a pending action of ejectment, to the loans im quo, is not the “legal representative ” of the plaintiff, who has died, within the meaning of the statute on that subject, and an order of court admitting such person as plaintiff to prosecute the action as the “legal representative ” of the deceased plaintiff, may be taken advantage of at the time of the trial, and the suit, on motion, be abated for want of a proper plaintiff.</p> <p>2. In courts oe law no division op costs,- but losing party is taxable with costs op the suit. —In courts of law, the losing party is taxable with the costs of the suit, and where one, not entitled to prosecute a suit when the plaintiff has died, causes the suit to be revived in his name and proceeds to trial, he is chargeable with the costs of the suit.</p>