Reinecke v. Reinecke

Citations

• 105 Miss. 798
• 63 So. 215

Syllabus

<p>1. Judgments. Invalid- decree. - Res judicata. Equity. Default. Decree. Requisites. Boundaries. Establishment. Code 1906, section 49'69;</p> <p>Where the owner of land desiring to alter a map showing' an. addition to a city, proceeded by bill in chancery under the provisions of section 4969, Code 1906, it was necessary for such-owner to set forth in her bill particularly the circumstances of the case, give an accurate description of the property and the names of the persons to be affected thereby or interested therein, the parties so named to be made defendants to such proceedings and publication of summons for all persons who-may feel disposed to object, which publication shall clearly state the objects and purposes of the petition in the proceeding and where the statute - is not complied with in these particulars a decree rendered on such petition is not res judicata-of the matters decided in such proceeding.</p> <p>2. Same.</p> <p>Where in such a proceeding the bill is not answered and a decree pro co'nfesso is taken, the court should render a decree fully in accordance with the prayer and following the entire bill,, and where the decree failed to do this it is not valid or binding.</p> <p>3. Botjndaeies. Establishment. Form of remedy.</p> <p>Where by reason of the variance in the measurements and number of the lots on two maps of record, and the variance in the descriptions in the several deeds and the maps, there is confusion in'.the descriptions of the lots in a subdivision, and there are conflicting claims among the several owners of the lots, a court of equity should entertain a bill for the purpose of properly correcting the mistakes which have been made, and of fully and definitely adjusting the conflicting claims of the several owners.</p>