Board of Levee Commissioners v. Nelms
Mississippi Supreme Court
From tbe circuit court of DeSoto county. Hon. J. B. Boothe, Judge. Nelms and others, appellees, were plaintiffs, and tbe Board of Levee Commissioners for tbe Yazoo-Mississippi Delta, appellant, was defendant in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The opinion states the case.
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From tbe circuit court of DeSoto county. Hon. J. B. Boothe, Judge. Nelms and others, appellees, were plaintiffs, and tbe Board of Levee Commissioners for tbe Yazoo-Mississippi Delta, appellant, was defendant in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The opinion states the case. The learned judge, on the trial below, acceded to tbe contention of appellees that tbe case of Richardson v. Miller, 48 Miss., 335, sustained appellees’ position, and held that tbe deed from ITamby and Nelms was incompetent, being absolutely void as to…
1Opinion of the CourtOalhoon, J.
By Mrs. Dancy’s will Hamby took an undivided half interest in fee in a tract of land, a part of a strip of which is the subject of this litigation. The other half went, under the same will, to Eben Nelms for life, with remainder in fee to appellees. The testator, Mrs. Dancy, died in 1894. On July 20, 1896, Eben Nelms, the life tenant of the half interest, and Hamby, the owner in fee simple of the other half, sold at a valuation of $50 per acre, to the board, for levee purposes, and conveyed to it by a conveyance purporting to carry the fee-simple title to the whole of the strip. Afterwards,…
2Cases cited3 opinions
- Richardson v. MillerMississippi Supreme Court · 1873
- Kenoye v. BrownMississippi Supreme Court · 1903
- Callicott v. ParksMississippi Supreme Court · 1880