Thames v. Duvic
Mississippi Supreme Court
Thames v. Duvic, 89 Miss. 9 (Miss. 1906)
42 So. 667
Calhoon
Thames v. Duvic
Opinion of the Court
delivered the opinion of the court.
The bill does not show facts making it appear that the conveyance to Mrs. Duvic was not valid, nor does it show the interest of any of the parties, complainant or defendant, in the land, nor when William Thames died, nor how any one of the parties is heir to him. It follows that the demurrer was properly sustained, and, on failure to amend, that the bill was properly dismissed. Still, while we affirm, we do so, to avoid misconception, without prejudice to another proceeding properly brought; the appellant to pay costs of both courts.
Affirmed.
Reference
- Full Case Name
- Thomas M. Thames v. Selina Duvic
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Oi-iancery Practice. Quieting title. Sufficiency of pleadings. Demurrer. Essential charges of hill. A bill in equity to quiet title, averring that complainant and several of the defendants inherited the land from a decedent and charging that another defendant claims under a deed, is defective if it fail to show— (а) The interest in the lands of the several parties to the suit; or (б) When the decedent died, there having been several changes in the statutes of descent and distribution within the lives of men yet living; or (c) The facts of which complainant’s heirship is predicated; or (d) The facts touching the deed, under which one of the defendant claims, so that the court may judge of its validity or the want of it.