Little v. Cammack

Citations

• 109 Miss. 753
• 69 So. 594

Syllabus

<p>1. Partition. Resale. Bond. Sufficiency. Statutes.</p> <p>When a bond was executed to prevent the confirmation of the sale of land under a partition proceeding and was not conditioned according to section 650 of the Code of 1906, hut was treated by the court in its decree as a statutory bond; after the decree approving the bond, section 1022, Code 1906, cures all defects and all parties to the bond are “liable to a judgment or decree on such bond or undertaking as if it were payable and conditioned in all respects as prescribed by law.”</p> <p>2. Partition. Resale. Damages.</p> <p>In a proceeding to prevent confirmation and for a resale in partition, damages to the first purchaser will not be adqjudicated.</p>