Soria v. Stowe

Citations

• 66 Miss. 615

Syllabus

<p>1. Chancery. Bill to remove clouds. Complainant must show title.</p> <p>In a suit to remove clouds upon title, the complainant must show a good title in himself, if his title is denied by the answer.</p> <p>2. Decree Pro Conessso. Final decree thereon not granted., when.</p> <p>A final decree will not be granted against one of several defendants who has suffered a pro confesso, if upon the trial of the issue against the other defendants, it appears that complainant is not entitled to any relief against him.</p> <p>3. Chancery Pleading. Dismissal of bill and cross-bill. Case in judgment.</p> <p>A defendant in a bill to remove clouds upon title answered, denying complainant’s title and filed a cross-bill, claiming certain land which, as the cross-bill alleges, “ might or not be a part of that embraced in the bill,” but sought cancellation of complainant’s claim thereto. Complainant failed to prove his title, and the evidence showed that the land claimed in the cross-bill was not a part of that mentioned in the bill. Held, that the bill and cross-bill were both properly dismissed.</p>