Harrington v. Mobbley

Decided April 15, 1857

Mississippi Supreme Court · decided 1857-04-15

Hon.' Henry Dickinson, vice-chancellor. The plaintiffs in error filed their bill in the Northern District Chancery Court, at Carrollton, against the defendants, Thomas T. Lund, John 0. Mobbley, and Adeleni Mobbley, all whom were not residents, and were served with notice by publication in a newspaper. The object of the bill was to set aside a sale of certain lands situated in Holmes county in this State.

Decided 1857-04-15

Fisher, J.,

¶1delivered the opinion of the court.

¶2This was a bill filed in the Yice-chancery Court at Carrollton.

¶3The court sustained a plea to the jurisdiction and dismissed the bill, from which decree this writ of error is prosecuted.

¶4It appears from the pleadings that the Superior Court of Chancery could have entertained jurisdiction of the subject-matter in controversy, and this being the case, and neither party applying to remove the cause into the Superior Court of Chancery, the plea to the jurisdiction could not be sustained under the decision in the case of Trotter v. Erwin, 27 Miss. R. 776.

¶5Decree reversed, and cause remanded.