Carstarphen v. Jones
| Decision Date | 18 January 1915 |
| Citation | 108 Miss. 704,67 So. 177 |
| Court | Mississippi Supreme Court |
| Parties | CARSTARPHEN ET AL v. JONES, ET AL |
October, 1914
APPEAL from the chancery court of Rankin county. HON. SAM WHITMAN, Chancellor.
Suit by Will Carstarphen as administrator, and others against H. C. Jones and others. From a decree dismissing the complaint, plaintiff appeals.
Appellants filed a bill in chancery against appellees for the purpose of quieting title to certain lands described in the bill. The case was tried on pleadings, depositions, and proof in open court, and documentary evidence; and the chancellor rendered a decree dismissing complainants' bill, from which they appeal. The testimony of certain witnesses who testified before the chancellor is not incorporated in the record; and it is urged for that reason the finding of the chancellor below should be affirmed, since that testimony may have controlled his finding, and cannot be reviewed on appeal by the supreme court.
Affirmed.
Wells & Wells, for appellants.
Lamar F. Easterling and George Butler, for appellees.
The record shows that several witnesses testified orally upon the merits of this case. The testimony of these witnesses is not in the record. The chancellor heard this evidence, and this evidence may have justified his finding, and, as the evidence Wilson v. Brown, 94 Miss. 608, 47 So. 545.
Affirmed.
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Lambert v. State
...in question have been submitted to this Court for review and we are unable to speculate as to the contents thereof. Carstarphen v. Jones, 108 Miss 704, 67 So. 177 (1915); Wilson v. Brown, 94 Miss. 608, 47 So. 545 (1908). Further, it is unclear from the record as to when the witness referred......
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Quine v. Wolcott
... ... credit for all lawful expenses, including attorney's ... 47 C ... J., page 1065, sec. 64; Rose v. Jones, 118 Miss. 494 ... R. B ... Anderson, of Port Gibson, for appellee ... The ... court held that there was a partnership ... and recognized in every other court; and there can be no ... reversal unless the record show error affirmatively ... Carstarphen ... v. Jones, 67 So. 177; Wilson v. Brown, 47 So. 545; ... Mississippi Cotton Oil Co. v. Blake, 20 So. 156; ... Gulf & S. I. Ry. Co. v. F. L ... ...
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Harrison v. Eagle Lumber & Supply Co.
... ... affirmance of this case inevitable. Reynolds v ... Wilkinson, 119 Miss. 590, 81 So. 278; Bunckley v ... Jones, 79 Miss. 1, 29 So. 1000; Wilson v ... Brown, 94 Miss. 608, 47 So. 545; Cartarhen v. Jones, 108 ... Miss. 704, 67 So. 177 ... It is ... ...
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Redhead v. Redhead
...There is one other case, however, to which we will refer the court and which was decided on January 18th of this year and reported in 67 So. 177. The case to which refer is Carstarphen et al v. Jones et al. This court, by Judge Cook in delivering the opinion in this case, made use of this l......