Kennedy v. Gaines
Mississippi Supreme Court
Error to the Circuit Court of Calhoun County. Hon. W. D. Bradford, Judge. At the December term, 1855, of the probate court of Calhoun county, defendants in error filed their petition for sale of lands (except widow’s dower, which had already been set off) belonging to the estate of Alexander Armstrong, deceased, father of said defendants, for the purpose of distribution.
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Error to the Circuit Court of Calhoun County. Hon. W. D. Bradford, Judge. At the December term, 1855, of the probate court of Calhoun county, defendants in error filed their petition for sale of lands (except widow’s dower, which had already been set off) belonging to the estate of Alexander Armstrong, deceased, father of said defendants, for the purpose of distribution. Decree for sale of said lands, embracing those in controversy, was rendered at said December term, and commissioners appointed to make the sale» The sale was made January 21, 1856, the lands in controversy being bought…
1Opinion of the CourtTarbell, J.
Ejectment for lands described in the record. The plaintiffs in the action are the heirs of Alexander Armstrong, deceased. The defendant in the action offered in evidence certain proceedings in the probate court, showing a sale of the lands in controversy, under a decree of that court, and their purchase by one A. G. Heliums, from whom defendant deraigned title. This evidence was objected to on the ground : 1st. That the probate court had no jurisdiction of the subject matter. 2d. That no citations appeared to have been served on the Armstrong heirs. 3d. That only two of the three…
2Cases cited3 opinions
- Cason v. CasonMississippi Supreme Court · 1856
- M'Allister v. MoyeMississippi Supreme Court · 1855
- Hoel v. CourseryMississippi Supreme Court · 1853
3Cited by3 opinions
- Schrader v. Texas Co.Mississippi Supreme Court · 1951
- Schrader v. Texas Co.Mississippi Supreme Court · 1951
- Wirtz v. GordonMississippi Supreme Court · 1938