W. A. Kemp v. Atlas Fertilizer & Chemical Co‪.‬

Immediately after the July, 1966, Term of the Chancery Court of Winston County was closed on July 26, 1966, after being convened on July 25, 1966, the Appellee, Atlas Fertilizer & Chemical Co., Inc., on July 30, 1966, filed a sworn and detailed written Motion to Set Aside a Decree Pro Confesso entered on July 25, 1966, in favor of Appellant, W. A. Kemp, and against the appellee. The Chancellor, after a hearing in vacation on the Motion at which counsel for the appellant and appellee were present and presented arguments, set aside the Decree Pro Confesso and Final Decree. On Motion of the appellant, the Chancellor allowed an interlocutory appeal to this Court to settle the law of the case. The sole question involved on this appeal is whether the Chancellor, in vacation, had jurisdiction and authority to set aside the Decree Pro Confesso and the Final Decree entered thereon.