Niles v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. A statement ©f the case will be found in the opinion of the court. It will be seen that Niles’ judgment against Roby was rendered more than ten months before any conveyance from Roby either to Mrs. Allen or to Mrs. Davis.
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Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. A statement ©f the case will be found in the opinion of the court. It will be seen that Niles’ judgment against Roby was rendered more than ten months before any conveyance from Roby either to Mrs. Allen or to Mrs. Davis. When that judgment was obtained, to whom did these lands belong? Did Mrs. Allen or her mother before her have any title, either legal or equitable, to these lands until the 16th of July, 1878? Neither of them had any deed, bond, receipt, or other evidence in writing, on which to base a claim to…
1Opinion of the CourtCooper, J.
In the year 1869, one Eoby was the owner of the lands in controversy, and made a parol sale thereof to Mrs. Allen, who was appellee’s mother. Mrs. Allen paid the purchase-money and entered into the possession of the property, upon which there was at the time a dwelling-house and between thirty and seventy acres ofland fenced and under cultivation. After the sale Roby never exercised any acts of ownership over any portion of the land. In 1876 Mrs. Allen died, leaving the appellee, her sole heir at law, in possession of the property. In 1877 the appellant Niles recovered a judgment against…
2Cases cited3 opinions
- Magee v. MageeMississippi Supreme Court · 1859
- Davis v. BowmarMississippi Supreme Court · 1878
- Gladney v. BartonMississippi Supreme Court · 1875
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