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· 10/15/1871

Ledyard v. Henderson, Terry & Co.

Citations

  • 46 Miss. 260

Syllabus

<p>Pinal decree — what is — cannot be set aside, when. — A decree which ascertains the sum in the hands of a party to he accounted for, and those who are entitled to it, and orders it to he paid over to the parties entitled to it, and directs the costs of the suit to he paid, first, out of the fund, and makes no reference to a master, seeks to ascertain no new fact, but assumes that the court is in full possession of all the facts, so as to adjudicate between the contestants, according to equity and conscience, is a final decree, and cannot be set aside by the court which rendered it [after the expiration of the term of the court at which it is rendered.</p>

Judges: Simrall

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