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99 Miss. 834

Field v. Junkin

Mississippi Supreme Court

Decided March 15, 1911

Mississippi Supreme Court · decided 1911-03-15

Hon. J. S. Hicks, Chancellor. Suit by William Junkin against Mrs. Jane Field et al. From the overruling of a motion to set aside a decree pro confesso, defendant appeals. The facts are as follows: The appellant, Mrs. Jane Field, and the appellee, Wm. Junkin, were tenanats in common of a certain tract of land described in pleadings. Mrs. Field sold her interest in the timber on the land to Messrs. Wilcox and Burkley, who afterwards began to deaden and cut the timber.

Relies on Yost v. Alderson

Good law ✅— No negative treatment on recordhow we know

Decided 1911-03-15

How this case has been cited

Cited by 3 later decisions — most recently April 1950

3 state decisions

1019111920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, J.,

¶1delivered the opinion of the conrt.

¶2While appellant was negligent in not ascertaining that the bill filed against her in the court below prayed for a partition of the land in controversy, as well as for an injunction against cutting the timber thereon, her mistake in supposing that the bill involved only the cutting of timber was a very natural one under the circumstances. The setting aside of the decree pro confesso would have worked no serious injury to appellee, but would simply have deprived him of the advantage which he had secured by reason of appellant’s neglict to file her answer. Under the circumstances, we think the court below erred in overruling the motion to set aside the decree pro confesso. Yost v. Alderson, 58 Miss. 40.

¶3The decree of the court below is reversed, the decree pro confesso set aside, and the cause remanded, with leave to appellant to answer the bill within thirty days after mandate filed in the court below.

¶4Reversed and remanded.

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