1975). The City charges that the Circuit Court is powerless to act in vacation unless is specifically authorized to do so by statute, cf., Sperier v. Ward, 233 So.2d 823, 825 (Miss. 1970), and that there is no statutory authorization for the action taken by the Circuit Court in this case. United States Fidelity Guaranty Co. v. Strange, 360 So.2d 682 (Miss.
1972), a chancellor has jurisdiction, and is empowered to conduct a hearing and enter a decree in vacation on a date different than that set by a decree rendered during a term, and even where there has been no decree in term time setting a date certain for vacation hearing; provided, of course, there has been adequate notice to the parties and no fraud or mistake is involved in the time and place of vacation hearing. See Sperier v. Ward, 233 So.2d 823 (Miss. 1970). In this case, however, there was not even a hearing.
See Miss.Sup.Ct. Rules 16(d). We have held that the lack of jurisdiction of the lower court may be raised for the first time on appeal to this Court, Sperier v. Ward, 233 So.2d 823 (Miss. 1970); Khoury v. Saik, 203 Miss. 155, 33 So.2d 616 (1948); and Green v. Creighton, 18 Miss. 159 (1848); and, that estoppel does not apply. McDaniel Bros. Construction Co. v. Jordy, 185 So.2d 450 (Miss. 1966).