PENFIELD v. COOK

No. 50386.

355 So.2d 1104 (1978)

Martha Ann Steverson PENFIELD v. Ora Arender Steverson COOK et al.

Supreme Court of Mississippi.

March 8, 1978.


Attorney(s) appearing for the Case

Rainer & Sumrall, William Andy Sumrall, Pearl, for appellant.

W.E. McIntyre, Brandon, for appellees.

EN BANC.


WALKER, Justice, for the Court:

A bill of complaint requesting partial restitution based on mutual mistake of fact was filed in the Chancery Court of Rankin County, Mississippi. The defendant demurred on the ground there was no equity on the face of the bill. After hearing, the chancellor sustained the demurrer and dismissed the cause with prejudice.

The question on appeal is whether or not the bill of complaint stated a cause of action. Since the appeal is...

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