Russell v. Denson

Citations

• 98 Miss. 859
• 54 So. 439

Syllabus

<p>1. Code 1906, Secmon 593. Amendments. Code 1906, sections 549 and 550. Quieting title. Dismissed without prejudice.</p> <p>Where a party brings his suit under Code 1906, § 549, which provides “that the owner in possession of any land or the owner thereof, who may be out of possession, if there be no adverse occupancy, may file a bill in chancery, etc., when he intended to bring the suit under Code .1906, § 550, which provides for the bringing of a suit by a party in or out of possession, the court on proper showing under the provisions of Code 1906, § 593 should allow the party to amend his bill so as to come-under the proper section and not to so allow is reversible error.</p> <p>2. Same.</p> <p>Where on sustaining a demurrer to such a bill and a refusal to allow the amendment, the plaintiff asks leave to dismiss his case without prejudice, it is reversible error not to allow him to do so.</p>