McAllister v. Clopton

Citations

• 51 Miss. 257

Syllabus

<p>1. Chancery Practice : Answer — Denial—Admission.</p> <p>The general rule is, that if the facts are stated to be in the defendant’s personal knowledge, he must answer positively. As to facts which have not happened within his own knowledge, he must answer as to his information and belief, and not as to his information only. To disclaim personal knowledge of the facts, and demand strict proof, does not amount to a denial of the facts, and put the complainant on the proof of them.</p> <p>2. Same: Mechanic's lien.</p> <p>The lien of the mechanic is subordinate to a prior incumbrance, so far as respects the land, but is nevertheless valid against the building.</p>