Harris v. Byers
Mississippi Supreme Court
Appeal from the chancery court of Oktibbeha county. HoN. A. J. McIutyre, Chancellor. Suit by Henry. Byers against Henderson Harris and others. From a judgment overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. Counsel for appellee is wrong in understanding that appellant contended that the word “fractional” carves out a .reservation.
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Appeal from the chancery court of Oktibbeha county. HoN. A. J. McIutyre, Chancellor. Suit by Henry. Byers against Henderson Harris and others. From a judgment overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. Counsel for appellee is wrong in understanding that appellant contended that the word “fractional” carves out a .reservation. The case of McAllister v. Honea, 71 Miss. 256, 14 So. 264, gives a very clear and lucid definition of what constitutes an exception. Quoting from the opinion in that case we find the following: “An…
1Opinion of the CourtEthridge, J.
This is an appeal from the chancery court of Oktib-beha county from a judgment overruling a demurrer to the hill; an appeal being granted to settle the principles of the case. The appellant Henderson Harris was formerly owner of the land in controversy, and conveyed to Horace Byers, father of the appellee, the tract of land described as “all of the land lying east of the Starkville & Macon.Road containing forty acres, more or less, and known as the fractional southwest quarter of the southwest quarter of section 33, township 18, range 15.” Afterwards Horace Byers conveyed to the appellee,…
2Cases cited3 opinions
- Goodbar & Co. v. DunnMississippi Supreme Court · 1884
- Selden v. CoffeeMississippi Supreme Court · 1877
- Swan v. New England Mortgage & Security Co.Mississippi Supreme Court · 1898
3Cited by10 opinions
- Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
- Beasley v. BeasleyMississippi Supreme Court · 1937
- Bynum v. McDowellCourt of Appeals of Tennessee · 1926
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Davis v. DavisMississippi Supreme Court · 1987
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