Hoel v. Coursery
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. Hoel filed his bill against the appellee to énjoin an action of ejectment in Claiborne circuit court, brought to recover a town lot in Port Gibson. The bill as amended states, that S. Gibson was the owner and possessor of it at the time of his death, and that he left a will attested by three witnesses, authorizing his executors to sell his real estate.
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On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. Hoel filed his bill against the appellee to énjoin an action of ejectment in Claiborne circuit court, brought to recover a town lot in Port Gibson. The bill as amended states, that S. Gibson was the owner and possessor of it at the time of his death, and that he left a will attested by three witnesses, authorizing his executors to sell his real estate. That the will was admitted to probate; and that, pursuant to the will, the executors sold the lot in question to P. Briscoe, who conveyed it to the appellee as…
1Opinion of the CourtJustice Fishbe
The object of this bill is to enjoin the appellee from further prosecuting an action of ejectment, brought in the circuit court of Claiborne county, to recover certain .lots situate in the town of Port Gibson, in the possession of the appellant.
The bill alleges that one Samuel Gibson, in his lifetime, was the owner of the lots ; that by his last will and testament, he directed them to be sold by his executors; that, acting under this power in the will, they sold the premises to Parmenias Briscoe, who sold the same to Elijah Bland, the husband of the *519appellee, and received payment therefor…
2Cited by2 opinions
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