Soria v. Stowe

Mississippi Supreme Court
Soria v. Stowe, 66 Miss. 615 (Miss. 1889)
Cooper

Soria v. Stowe

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

Appellant is not entitled to relief as against Mrs. Eisetter, be- • cause she failed to show title in herself to the lands in controversy, her title having been put in issue by a denial in the answer of this •defendant. Nor was she entitled to relief as against Hunt, against whom a pro eonfesso was taken, because on the whole record she is shown not to be the owner of the land. Though Hunt suffered a pro eonfesso to be taken, still if on the issue between complainant and his co-defendant complainant is shown not to be entitled to any decree against him, no such -final decree can be made. Brooks v. Kelly, 57 Miss. 225 ; Minor v. Stewart, 2 How. 912; Hargrove v. Martin, 6 S. & M. 61.

The original bill as against Stowe, and his cross-bill against complainant were both properly dismissed. Complainant, in her bill, described a. certain subdivision of land of which she claimed ■ownership. Stowe answered, denying her title to the same, dis•claiming any interest in it except as to certain land described by metes and bounds. He then exhibited a cross-bill describing the land he claimed, which, as he states, may or may not be within the tract claimed by complainant,” and as to this land so described prayed discovery of complainant’s title, and for cancellation thereof. Complainant answered this cross-bill disclosing her title to the land described in her original bill. The evidence disclosed the fact that the land claimed by Stowe and described by metes and bounds in his cross-bill was not a part of the land claimed by complainant. So there was no subject of controversy between these parties. Complainant was entitled to no relief against Stowe. First, because she has shown no title to .the land named in her bill, and, second, Stowe asserts no title to be cancelled.

The decree is affirmed.

Reference

Full Case Name
Margaret Soria v. Warren Stowe
Cited By
2 cases
Status
Published
Syllabus
1. Chancery. Bill to remove clouds. Complainant must show title. 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. 2. Decree Pro Conessso. Final decree thereon not granted., when. 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. 3. Chancery Pleading. Dismissal of bill and cross-bill. Case in judgment. 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.