Hopper v. Overstreet

Citations

• 79 Miss. 241

Syllabus

<p>1. Chancery Practice. Answer. Code 1892, \\ 533.</p> <p>An answer averring’ that defendant does not know whether or not a deed charg-ed in the bill to have been destroyed was or was not destroyed does not pnt the complainant to proof of its destruction. It is not such a denial as is required by code 1892, § 533, providing that matters of fact charged in the bill, and not denied in the answer otherwise than by the general traverse, may be taken as admitted.</p> <p>2. Witnesses. Evidence Leading questions.</p> <p>Where the description of the land in controversy was read to a witness, and he was asked if he was acquainted with the land, the question was not objectionable as leading, or because it assumed a material fact to be true.</p>