Excerpt from Mississippi Decisions, Vol. 1: Containing the Unreported Opinions of the Supreme Court of Mississippi This series of Reports contain all the unreported opinions of the Supreme Court of Mississippi from the earliest time down to 1885 a period covered by the Mississippi Reports from Walker's Report to volume 65. We publish no case heretofore in print. Thinking it might be of some convenience, we have included as foot notes to each case a Digest Annotation, the work of Hon. Wm. Hemingway, and in the General Digest to the full series, these cases will be referred to under elaborate cross-references. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...required) and accept as correct the view of the United States court in remanding to the State court. The demurrer to the plea in abatement was properly sustained. The power to permit a plea in abatement to be amended exists and should be exercised in proper cases, but we are not willing to reverse a judgment merely because of its denial, when not informed of the nature of the proposed amendment and why the plea was not made suflicient at the outset, or why the demurrer was not eonfessed and leave to amend sought without waiting the judgment of the court upon it. On sustaining a demurrer to a plea in abatement, the proper judgment is respondeat ouster. The party may be allowed to amend, but presumably the action of the court below is correct, and he who complains of it must show the contrary. This is not shown in these cases. 'The motion to quash the attachment in one of the cases was properly overruled. The afiidavit was a substantial compliance with the statute, and that is all that is required. Had it been defective it would have been amendable, and we do not perceive that the mover could have taken anything by the motion. Mortgages--Purchase Money Notes--Vendor's Lien--Subrogation. Appellee filed both an original and a supplemental cross-bill. In In the first he claimed that his mortgage, though executed by E. alone, was valid because mortgagor was owner of the land. By the second he insisted that Mrs. E. could not enforce the payment of purchasemoney notes given by E. for the land, and which were valid in the hands of A. & Co. by transfer from E., on the ground that Mrs. E. was the real purchaser of the land in controversy, and for this reason the purchase of said notes by her from A. & Co. operated as a payment thereof...

Reprint of the original, first published in 1875.