The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-02-16

: alleged in the bill. and admitted in the an
swer, and respondent sets up new m alters Of
e TACT relied upoa as a defence, the burden Of
proving such defence is upon respondent
and if after the full time allowed By statute
p, for taking testimony, there has been none
z offered. the complainant may set down the
I case for hearing. And although 1t is pal
! pably irregular in such case To disregard
, the answer at the final hearing. yet II the
? defendant made no objection in the Court
below. and does not appear TO have been m
iured thereby, this Court will not for such
= irregularity remand the cause.-Miller v.
Lamar.
Ne. 1897.
l. CCSTRACT - COMMUNICATIVE
! TIcE.-The purchaser of personal property
on credit at a guardians sale made under
an erroneous decree of the Probate Court.
cannot set up the error in the decree as a
defence to an action for the purchase
money but in such case he must seek re-
lief by a reversal of the decree and return
of the property.
, SALE-CAVEAT EMPToR.--In this con-
try there is an implied warranty By a ven
dor. of the title 70 his own go DIS il in his
possession at the time of sale; but if in
the possession of a third party, there is no
such warranty, and the maxim caveat emp
tor applies.
3. Trust SALRs-CAvEAT EMPToR.-It is
there is mo implied warranty of title,
soundness or quality. And even II the
vendee is put in possession, and protected
! by covenants of warranty. he cannot de-
/ feat an action for the purchase money, ex-
! eept in cases OF fraud, without previous
/ eviction; and this rule applies to sales of
personal, as well as real property.
Storm V. Smith.
No. I2,O05.
L. CHANCERY PRACTICE--DIsCRETIo OF
THE CoURT.-The Chancery Court has the
discretion at the same term at which final
decree is pronounced, for good cause, TO
alter. modify or set it aside. This discretion
continues over interlocutory orders, 50 long
as the cause is in progress, no matter at
what term they may have been rendered,
and does not cease till the case terminates
in q final decree. But such discretion il
not arbitrary or capricious. 1t is defined
and regulated by the pratice of the Court,
of which litigants must take notice at their
peril.
2 SAME.-When a demurrer to bill
has been disallOwed and reasonable time
given for answer. and no answer filed;
and afterwards the party complainant re-
trains from putting defendants Ill default
or a long space of time-as from August
till the next June-the Court, before adj
hitting an answer to be filed, should de-
Tnand the most conclusive showing of
causes for the delay, accompanied with
meritoriOus and conclusive answer. The
answer itself should accompany the eX-
planation so that the Court below, and
this Court on error, may judge of its
merits.-Rev. Code, p. 54S, art.A0
3. Internationally, whatever |
was in the discretion OF the Chancery Court |
--as are many Things IN the progress oil
cause-cannot be assigned for error.
4. COMMISSIONERS SALEs.-Where the |
facts are such as to compel the conviction |
that there has been COLLISION between a /
defendant to a decree and the purchaser /
Il 10 hon
plainant's knowledge, and that, SO the |
property was sold, and at a grossly made
quate price, il is no abuse OF the Chancel-
lors discretion to set aside ana refuse TO |
confirm such SALE Pattlson ct al. VS.. JOS
selyn.
No. I2.29T.
l. TENANT BY THE CURrEsY.-This tenure
exists when man marries woman seized
of an estate of inheritance, in fee simple or
fee tail and has, by her, issue born alive,
capable of. inheriting her estate.-l2. Ri.
Comm PIP, 99100, The seisin must be dur
ing the cOverture, and. at common law, III
fact. or the husband cannot be tenant by
the curtesy. The necessity of entry origi-
mated in the understandable at common
law-that an entry must be made in order
TO vest a freehold; and, perhaps, for the
farther reason that il was incumbent upon
the husband to preserve, unembarraSsed,
the decent to the issue of the marriage.
2. SAME-IN THIS STATE.-LiveTy in
seisin, with its attendant ceremonies, being
here unknown, and the pedts pOSseSSt0 I'M
necessary to vest a freehold, the estate by
curtesy attaches whenever there is a seisin
of the wife during the coverture, with actu-
al possession of the husband and wife, or
the right to Immediate entry by their volun-
tary act, Lnobstructed by an adverse occu-
pant.
g. ME--ILLUSTRATION AT THE BARR.
at his death in 1914, devized lands to his
widow for life. with remainder to his daugh-
ter, ID. who subsequently married, had is
sue and died in 1856 and the widow of the
devlsor died in 1859 Held that DIS husband
could have no estate by the curtesy in the
premises, because there was no entry or
right of entry, during the coyerture. Sem
BILE that it would have been otherwise had
ID. survived the tenant for life.
1. CHANCERY SALES The + Iglish prae-
tice of conducting sales by permanent
Master of Chancery Court, and Keeping
such sales under the continual direction
and control of the Chancellor, of reopening
the biddings upon advances of the property
in price, and thus making the Court the
vendor does not prevail, in all its extent, in
this country. With us such sales are more
like Sheriff7S sales under execution; the
most important difference being that the
making such sales here must {
report his proceedings for the action of the
Court.
5. SAME CONFIRMATION - Confirmation
by the Court in this State is not indeSpensi-
bic to complete the sale. The Court has a
sound and well-defined legal discretion TO
set aside sales before confirmation, for good {
cause. mitchell VS.. Harris, Ms. opinion
But the title ir either real or personal es- {
tate may be effectually vested in the pur- |
chaser at such sales by confirmation In pals,
arising from the acts of the parties in in
.erest.
6. CASE IN JUDGMENT.--Wh here there has
been a substantial execution of the decree, l
~ an open and fair sale, deed and posses
ion given, and the purchaser, continuing | I
n possession. has enjoyed the profits aud {
products fo- several years; such acts are \
leld to be confirmation in pals, so tar as the g
PARTIES in interest are concerned; and the i
mere fact that the price was inadequate, on t
he one hand, or excessive. on the other, will s
lot entitle either party TO sec aside the sale. G
z. SUBSTITUTING ANOTHER IN LIEU OF /
The OBSERVATION-DISCLOSURES. Where. at
sale slave was Knocked down OH v
o one G.. But A, who not present at e
he sale afterwards took the slave anu exc
uted his own bond with security for the
purchase money, in which it is reeited that
\. was the purchaser. Held: That A, when
allied on tor payment, is estopped by prin- ]
iples of good faith, from denying that he
vas the purchaser.--Redus ct al. VS.. Hay
en ct al.
How TO make boys good farmers.
Induce them to take an interest in the !
arm, in the implements, in the stock; tell !
hem all yOur Mans vOur successes and