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2 Miss. Dec. 183

Payne v. Jones

Mississippi Supreme Court

Decided February 28, 1881

Mississippi Supreme Court · decided 1881-02-28

Appellees, widow and children of Freeman Jones, deceased, filed the bill in this case against Harriet Gurlie and the other appellees in the Chancery Court of Jackson county, in which they alleg’e that Harriet Gurlie, in January, 1878, gave Freeman Jones a bond for title to the following described land in Jackson county: “A certain lot of land in said county described as follows, to wit: Lot No. 1 on the east side and fronting the public road from Bandall’s store to Scranton,…

Affirmed and remanded, with sixty days to answer, · Decided 1881-02-28

¶1Opinion.

Per curiam :

¶2The demurrer was properly overruled. None of the grounds assigned were well taken. The premises were sufficiently described.

¶3The question of the rightfulness of the action of the court on the motion for security for costs cannot be considered on an appeal from an order overruling a demurrer. Hpon such an appeal the rightfulness of the ruling on the demurrer is alone involved. The $50 tax fee provided by the new Code, where the action of the lower court in overruling a demurrer is affirmed on appeal, cannot be allowed in this case, as the appeal was prosecuted before the new Code went into effect.

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