Nelms v. Brooks

Citations

• 105 Miss. 74
• 61 So. 985

Syllabus

<p>1. Equity. Bill. Multifariousness. Appeal and error. Demurrer.</p> <p>A hill in chancery praying for partition of certain lands alleged to he the property of a deceased intestate, ancestors of complainant and others named in the bill, and for an accounting, also praying for the cancellation of a certain instrument purporting to be the last will and testament of complainant’s deceased grandmother, is multifarious.</p> <p>2. Appeal, and Error. Affirmance. Demurrer.</p> <p>Where complainants filed a bill seeking the partition of property, also an accounting, and the cancellation of an instrument purporting to be the will of her grandmother, and a demurrer to the bill was overruled and complainant then tendered an issue of devisavit vel non, and defendant was given time to answer, and one of the defendants was granted an appeal by a judge of the Supreme Court; held, that the action would be reversed and remanded for trial under the issue of devisavit vel non, and this alone as the defendants would not be deprived of any legal right by an adoption of this course.</p>