Morrison v. Hardin

Mississippi Supreme Court
Morrison v. Hardin, 81 Miss. 583 (Miss. 1902)
Terral

Morrison v. Hardin

Opinion of the Court

Terral, J.,

delivered the opinion of the court.

This is a bill by Hardin to correct and reform a deed to a certain parcel of land, which was submitted to the chancellor upon the sole proof of the complainant. Hardin testified and fully explained the mistake sought to be corrected, and the case was decided upon his sole testimony, nothing being offered upon the side of Morrison. Morrison made an answer under oath, but the bill of Hardin expressly waived answer under oath, and the answer of Morrison can only have the effect of *587an unsworn answer. We think it satisfactorily appears that the metes and bounds mentioned in t,he deed ought to be governed by that part of the deed which clearly shows that quantity was a controlling part of the description of the land. It was said in Carmichael v. Foley, 1 How., 591, that quantity is a part of the description of land, and, when it appears from the deed to have been the leading object of the grant, it should govern: The chancellor decided the quantity in the deed to have been a leading and controlling one, and we concur in his decision.

Affirmed.

Reference

Full Case Name
Matthew Morrison v. Henry Y. Hardin
Cited By
1 case
Status
Published
Syllabus
1. Chancery Practice. Answer. Oath waived. Code 1892, $ 534. Under code 1892, § 534, authorizing' complainant to waive defendant’s oath to an answer to a bill in equity, a sworn answer, where the oath was waived, is of no greater effect than an unsworn one. 2. Land. Description. Quantity. When controlling. Quantity is a part of the-description of land when given in a deed, and when it is made more certain and material than boundary, and is the leading object of the grant, it should govern in ease of conflict.