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MOSBY v. GANDY

No. 51361.

375 So.2d 1024 (1979)

Willie MOSBY et al. v. Frank GANDY et al.

Supreme Court of Mississippi.

October 10, 1979.

Attorney(s) appearing for the Case

John A. Donald, Memphis, Tenn., Francis B. Stevens, Washington, D.C., for appellants.

Farese, Farese & Farese, Anthony T. Farese, Ashland, Taylor, Whitwell & Goeldner, Robert Q. Whitwell, Southaven, James W. Amos, Olive Branch, for appellees.

Before PATTERSON, C.J., SUGG and WALKER, JJ.

SUGG, Justice, for the Court:

Complainants filed an original and amended bill of complaint to set aside the final decree in Cause No. 71-86 of the Chancery Court of De Soto County confirming a sale of land by a special commissioner for division of proceeds in a partition suit. Complainants alleged the final decree was void because process on the non-resident defendants was invalid, stating:

The averments in the Petition for Partition as to the residence...

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