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NORMAN H. HUDSON v. BANK OF EDWARDS

OCTOBER 08, 1986

NORMAN H. HUDSON
v.
BANK OF EDWARDS



BEFORE ROY NOBLE LEE, P.J., PRATHER AND GRIFFIN, JJ.

PRATHER, JUSTICE, FOR THE COURT:

This case is an appeal from an order of the Chancery Court of Hinds County, wherein Chancellor Paul G. Alexander, sustained a motion by the Bank of Edwards to voluntarily dismiss an ejectment action.

Appellant, Norman Hudson, now challenges the voluntarily dismissal of the suit for ejectment as a denial of his right to present his equitable defenses and to receive such relief as equity may grant. This Court affirms the order of dismissal of the ejectment complaint, but remands the case for further proceedings.

 The facts attendant to this case have been sufficiently set forth in two cases previously argued before this Court. See Hudson v. Edwards, 469 So.2d 1234 (Miss. 1985); Crystal v. Duffy, (Mississippi Supreme Court, No. 56,372, decided 8/20/86, not yet reported).

 In Hudson v. Edwards, supra, this Court directed a reversal of a summary judgment action granted the Bank of Edwards because issues of material fact were not resolved. This Court remanded that case to chancery court stating:

 [T]he Chancery Court of Hinds County, Mississippi, would be the proper forum to try the ejectment and at the same time allow the appellant to enjoy the benefit of raising equitable defenses and receiving such relief as

 equity may grant.

 Id. at 1240.

 The following events have occurred since the remand of the case to the chancery court:

 1. On June 14, 1985, appellant, pro se, filed a motion requesting the chancery court to force the addition of Alvin Binder, Emmanuel Crystal, Gerald Crystal and First National Bank of Vicksburg as party plaintiffs in the ejectment action.

 2. On July 17, 1985, after a hearing before the court, the chancellor denied appellant's motion to join additional party plaintiffs in the ejection action.

 3. On October 4, 1985, appellant, now being represented by M. Marsha Smalley, attorney at law, filed a motion to amend appellant's answer. A copy of the proposed amended answer was attached to the motion as an exhibit. The amended answer included a counterclaim.

 4. On October 8, 1985, appellee filed a motion to voluntarily dismiss its ejectment action, primarily on the grounds that the possession issue was moot, in that Bank of Edwards had possession of the property. Appellant did not file any response to the motion for voluntary dismissal.

 5. On October 25, 1985, the Hinds County Chancery Court, after hearing both of the motions mentioned in paragraphs 3 and 4 above, entered an order allowing appellee to voluntarily dismiss its ejectment action. The order also allowed ...


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