The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-06-30
IUPREME COURT DECISIONS
Z ported Cor The Clarion by L. Brame- Attor
uey-a5-Law, Jackson, Miss.
APRIL TERM, 1881.


Isaac l.. MCKEE,
Jr-lr. e.. COFFEE. GD'N.
From the Chancery Court of Tunica
county. Hon. T. B. Morgan, Chancellor.
Aarellee 4. guardian Of Kate p. and John
Kerr. minors. hied bin against appel
H. Mckee. alleging that said minors own
"a certain land in Tunica county; that the
nan WAS sold by said Mckee a sheriff and
A. collector for the taxes Of 1877, and pur-
eha.ed by him; that said sheriff False seized
eiglt valuable mules, the property Of said
minor. for taxes, that he neglected and
mistraated said mules and finally sold them
Al sacrifice. receiving a nominal sum,
ghfcb was converted to his own use that
said defendant paid the taxes on the land
Tor 1873, that the guardian redeemed the
esme. and, although large portion OF the
taxes for the tgo years had been paid in
warrauts some OF which were greatly below
.p,r. the purchaser demanded the full amount
Adue IN currency, which was paid under pro-
4e-t The bin prayed for an account and
.reHef i'm respect To the matters stated Il
rnouevrd decree was asked for such amount
a. should be found due.
4 The defendant iuterposed a demurrer,
which was overruIed and he appealed
4 The opinion is given in full.
Il CooPER, j.
We are asked by the appellee to dismiss
the appeal in this cause because improper
D. taken The objection made Is that II
does not appear that the appeal was granted
on the appeal bond approved 10y the court
below. Section 23lO of the Code OF 1880
gives tine right OF appeal IN all cases from
decree Uyerruiug demurrers, provided the
appeal j. applied for and bond given dur
4 ing ,ua term of the chancery court at which
4 the demurrer is OverruIed. Section 23ll
. provide. for appeals To be granted by the
4 chancellor in term time or vacation from IN
terlocutory orders or DEGREES.
Bv 23l7 the manner Of obtaining
appeal- other than those provided for
bv application to the chancellor, /. Q. ap-
pea.s from InteriscutOry orders, Is stated to
be bv petition TO TIE clerk of the court
Section 1922 provides thai no petition shall
be necessary 10 the validity VI an appeal,
hut that the filing Of the record in the su
prone court shall confer jurisdiction u Try
and dispose of the case, and that the appeal,
when there is mo- petitition shall be consld-
cred is taken when the bond was p led. Inc
demurrer iR thiS cause was filed on the 4th
of April loSl The appeal bond was filed
ON the 9Th, and is endorsed, approved by
Iue in open court, J, Z. otcae clerk We
conclude that rms approval OF the bond IN
open court oh tHe day succeeding the ming
of the demurrer sufficiently shows the APP
peal 60 have been taken duHag the term at
. which the demurrer was overruleG.
No order or acy oil the chancellor was
necessary To the validity of the appeal Al
there had been petition for appeal present
cd. it would have been properly addressed
to the clerk under Z 23l7, because the APP
neal was "a matter of right under 23lO, and
not one which the chancellor might or
might not grant under Z 23ll.
We are OF opinion tiat the chancellor
erred In overriding the demurrer. The
wrongs complained of are such a. are con
staurlv redre-ssd by actions at law, and for
which, except under peculiar circumstances
which are not shown TO exist mere, relief
cannot be sought in equity.
1t Is apparent that the bill can not be sus-
tanned As "A bill for discovery, because, II for
uo other reason the bill shows that COM
painants have fall knowledge of the matters
as to which discovery Is prayed.
The drerec orey,u}ing the demurrer Is re-
rrrgsF. demurrer Sustained and bill dismissed.
v g. Waddell, for appellant.
J.B. Perkins and Nugent & Neville,
contra.
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