Kelly v. Mills
Mississippi Supreme Court
Error to Chancery Court of Panola county. Hon. A. M. Clayton, chancellor. Griffing was the holder of the legal title to the lands in controversy, being a trustee without any interest whatever. The claim of the defendants is based upon a judgment rendered by attachment against Griffing. The bill enjoined the sale of the lands under the judgment, and the legal title had been conveyed by Griffing to complainant anterior to the levy of the attachment.
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Error to Chancery Court of Panola county. Hon. A. M. Clayton, chancellor. Griffing was the holder of the legal title to the lands in controversy, being a trustee without any interest whatever. The claim of the defendants is based upon a judgment rendered by attachment against Griffing. The bill enjoined the sale of the lands under the judgment, and the legal title had been conveyed by Griffing to complainant anterior to the levy of the attachment. Griffing at no time had any interest in the property, and was only holder of the naked legal title. When the attachment was levied and the…
1Opinion of the CourtHarris, J.
The complainant, A. D. Kelly, filed his bill in the Chancery Court of Panola county, stating in substance the following facts: Thompson & Ford, in the year 1856, entered into partnership for the location and purchase of a large body of lands in this State; among other lands, they purchased with their own money the lands in dispute, and caused patents to be issued therefor to their agent and trustee, Ji G. Griffing,. to be held by him for their sole use and convenience, though it is not so expressed in the patents. The said patents were not recorded in Panola county.
The bill charges that in…
2Cases cited3 opinions
- Henderson v. DowningCourt of Appeals of Mississippi · 1852
- Harper v. TapleyMississippi Supreme Court · 1858
- Kilpatrick v. KilpatrickMississippi Supreme Court · 1851
3Cited by8 opinions
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
- Hart v. GardnerMississippi Supreme Court · 1902
- Perkins v. GibsonMississippi Supreme Court · 1875
- Taylor v. Lowenstein. & Bro.Mississippi Supreme Court · 1874
- Butterfield v. StantonMississippi Supreme Court · 1870
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