Smith v. Pattison

Citations

• 45 Miss. 619

Syllabus

<p>1. Summons—return of service. — A return of service of a summons in chancery in these words, viz.: “Executed on Sidney Smith, executor, Mrs. Julia L. Smith, executrix, etc., by offering to each a copy of this summons, which they each declined, and on Miss Pauny It. Smith (and other minors, naming them), by handing each a copy of this summons,” was good, it appearing from the bill that Mrs. Julia L. Smith was the mother and guardian of the minors.'</p> <p>2. Pinal decree—recital— effect, of.— A recital in the final decree that the amount due was ascertained by reference to a master, not being contradicted by any part of the record, is sufficient without any formal order of reference and report from the master being in the record.</p> <p>3. Revival — in whose name.—The record showed that one of several defendants in a chancery suit became the administrator of complainant, who died pending the suit, and came in voluntarily and suggested the death of complainant, and had the case revived in his name as such administrator, as complainant: Held to be correct.</p> <p>4. Evidence—what sufficient — case in judsment. —Where the record of a suit in chancery to enforce a vendor’s lien showed the note for the purchase-money and the deed conveying the land, as exhibits to the bill, and the final decree recited that the court had looked into the record and being satisfied that a sum was due, decreed accordingly: Held to be sufficient, as against minors, as well as adults.</p>