Peirce v. Halsell

Citations

• 90 Miss. 171
• 43 So. 83

Syllabus

<p>1. Chancery Pleadings and Practice. Tender. Partition.</p> <p>A defendant in a partition suit, who hy his answer claims a greater interest in partnership lands than the complainant, his copartner, concedes to be his, should not be denied his share as claimed because of his failure to pay into the court a balance due on his contribution to the joint purchase when by his answer and testimony he denies knowledge of the amount of such balance and alleges his readiness to pay the same when ascertained and previous offers by him so to do.</p> <p>2. Supreme Court Practice.</p> <p>The supreme court, having only appellate jurisdiction, will not decide what was expressly pretermitted in the court of original jurisdiction.</p>