Knowland v. Sartorious

Citations

• 46 Miss. 45

Syllabus

<p>1. Bilí, op bevxew — parties — all the parties to decree sought to be reviewed necessary. — All the parties to a suit, the decree in which is sought to be reviewed, are necessary parties to the bill of review.</p> <p>2. Same — what examinable on bill op review to discover, errors in decree. — On a bill of review, the pleadings and other proceedings, excepting the evidence at large, may be looked into to find errors, and the court is not confined literally to the face of the decree, as under the English practice.</p> <p>3. Same — same — case under consideration. — On a bill to review a decree confirming a tax title to land acquired by purchase at the tax collector’s sale in Vicksburg, on the 5th May, 1863, it being averred, in the bill of review, that the vicinity of Vicksburg was, at the time of the tax sale, the theater of the operations of the hostile armies of the United States and Confederate States, and that the taxes due on the land were paid before the sale, and that publication of notice in the suit to confirm the tax title was not made for the time required by law: Held, that these grounds of error in the decree were conclusive in favor of the bill of review on demurrer.</p>