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· 11/15/1904

Jackson v. Port Gibson Bank

Citations

  • 85 Miss. 645

Syllabus

<p>1. Chancery Practice. Quieting title. Bill of complaint. Code 1892, l 501.</p> <p>A bill in equity to confirm title to real estate and to cancel and remove clouds therefrom is demurrable, if it fail to comply with Code 1892, § 501, providing that the complainant in such a bill must deraign his title, and that a mere statement that he is the real owner of the land shall be insufficient, unless good and valid reason be given for the failure.</p> <p>2. Same. Concrete case.</p> <p>Such a bill charging that the defendant had executed, a 'deed of trust conveying the land as security for a debt, that default had been made in the payment of the debt, and that the deed of trust had been foreclosed and the lands purchased by complainant at the trustee’s sale, does not comply with said statute, since it makes no reference to the trustee’s deed and does not deraign the complainant’s title, and gives no reason for the failure.</p>

Judges: Whitfield

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