Randall v. Saucier

Citations

• 102 Miss. 412
• 59 So. 798

Syllabus

<p>1. Equity. Decree pro confesso. Death of defendant. Substitution. Answer.</p> <p>The chancery court cannot grant a decree pro confesso while an answer or plea to the bill is pending.</p> <p>2. Death of Defendant. Substitution. Answer. Decree pro confesso.</p> <p>Where in a suit in chancery involving the title to real estate the defendant dies after filing an answer, and the suit is revived against his widow who was the sole legatee of the property, she was entitled to the benefit of all pleadings and proceedings prior to the time when she was made a party to the suit, and in such case a decree pro confesso against her was error.</p>