Morton v. McCanless
Mississippi Supreme Court
From tbe circuit court of Lee county. HoN. Lock E. Houston, Judge. This is one of several actions of ejectment brought by appellants to recover lands sold by their guardian under what they contend was an invalid order of the probate court made in 1870. In the case of Morton v. Carroll, decided at this term (ante, p. 699), the proceedings of the probate court resulting in the sale were held to be regular and the validity of the sale affirmed.
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From tbe circuit court of Lee county. HoN. Lock E. Houston, Judge. This is one of several actions of ejectment brought by appellants to recover lands sold by their guardian under what they contend was an invalid order of the probate court made in 1870. In the case of Morton v. Carroll, decided at this term (ante, p. 699), the proceedings of the probate court resulting in the sale were held to be regular and the validity of the sale affirmed. This case differs from the others in that the lot in controversy was the homestead of plaintiff’s father, who died intestate in 1869, and it is contended…
1Opinion of the CourtCampbell, C. J.
The only question in this case different from those decided in Morton et al. v. Carroll, ante 699, is as to the validity of an order of the probate court to sell what is alleged and proved to have been the exempt property of the father of the plaintiffs held under the act entitled, “ An aet to amend the exemption laws of this state,” approved, November 28, 1865. Acts, p. 137.
The children and their mother were co-tenants of this land, the mother having an interest terminable by her marriage or death, and the children having the fee. Hardin v. Osborne, 43 Miss. 532.
The interest of the children…
2Cases cited2 opinions
- Hardin v. OsborneMississippi Supreme Court · 1871
- McCaleb v. BurnettMississippi Supreme Court · 1877
3Cited by2 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Merrill v. HarrisSupreme Court of Arkansas · 1898