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2 Miss. Dec. 583

Leech v. Gilmore

Mississippi Supreme Court

Decided January 30, 1882

Mississippi Supreme Court · decided 1882-01-30

.Appellants, heirs at law of Andrew Davidson, filed the bill in this case against J. R. Gilmore and some heirs of said Davidson who did not join in the bill, in which they allege that some time prior to September 28, 1859, Andrew Davidson died in Monroe county, intestate, leaving considerable real and personal property in said county; that on the 28th of September, 1859, all the heirs of said decedent who were then of full age entered into an agreement, in writing, between…

[Reversed and remanded, · Decided 1882-01-30

¶1*590Opinion.

Per curiam,:

¶2We think the chancellor did right to sustain the demurrer to the bill, and he was not bound to tender to complainants leave to amend; but since it may be that some of the complainants are not barred by the statute of limitation as to some of the matters mentioned in the bill by reason of disabilities existing when a right of action accrued, and still continuing, we will reverse the decree, merely to add to it a dismissal of the bill without prejurice to the right of any of the complainants to exhibit another bill as they may be advised, but the costs of this appeal will be taxed against the appellants.

¶3Decree accordingly.

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