Pigott v. Pigott

Citations

• 112 Miss. 873
• 73 So. 800

Syllabus

<p>1. Estoppel. By pleading. Nature of title asserted.</p> <p>Where a complainant alleged in a bill not sworn • to that he claimed land under a gift from his father, and claimed title exclusive of every one else except his co-plaintiffs, he was not estopped in another suit for the land to dispute that he was a tenant in common with his brother and ¡lister, who were not co-plaintiffs in the first suit. i</p> <p>2. Evidence. Pleadings. Unsworn pleadings as evidence.</p> <p>Admissions and declarations of facts contained in unsworn pleadings are not admissible as evidence against the party pleading, nor is he estopped'by an expression of opinion therein as to his legal rights and liabilities. •</p> <p>3. Pleadings. Admissions. Effect.</p> <p>Where one claiming land adversely was joined as a plaintiff in a bill by the true owner of the land, but in fact had nothing to do with the suit, and did not read the bill, or authorize the other party’s attorney to make claim by the bill, except by adverse possession, he was in no way bound by allegations of the bill to a different effect.</p>