Blomquest v. Gardner
Mississippi Supreme Court
From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Mrs. Gardner and others, appellees, were complainants in the court below; Blomquest and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. The complainants, appellees, the widow and son and only heirs of Axum Gardner, deceased, began this suit seeking to cancel the title of the defendants, appellants, to the land in question.
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From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Mrs. Gardner and others, appellees, were complainants in the court below; Blomquest and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. The complainants, appellees, the widow and son and only heirs of Axum Gardner, deceased, began this suit seeking to cancel the title of the defendants, appellants, to the land in question. They alleged that Axum Gardner in his lifetime acquired title from the United States under the homestead laws, and that in…
1Opinion of the CourtMates, J.
On a careful consideration of this whole case, we cannot assent to the findings of the court below that Mrs. Gardner did not sign the deed in queston. On the facts of this case-, with the witnesses who could clear up this transaction all dead, it should be made to appear by the most undoubted proof that the deed was never signed, and in this we think the testimony fails.
The decree is reversed, and bill dismissed.
2Cited by2 opinions
- Thomas v. B. Rosenberg & Sons, Inc.Mississippi Supreme Court · 1929
- State ex rel. Nall v. WilliamsMississippi Supreme Court · 1911