Legal Opinion

Whitfield v. Lyon

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 1 opinion

From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Mrs. Lyon, appellee, was complainant in the court below: Whitfield and others, appellants, were defendants there. From :a decree largely in complainant’s favor, but not granting all relief for which she prayed, the defendants appealed to the supreme court and complainant prosecuted a cross-appeal. The facts are sufficiently stated in, or are plainly apparent from, the opinion of the court.

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From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Mrs. Lyon, appellee, was complainant in the court below: Whitfield and others, appellants, were defendants there. From :a decree largely in complainant’s favor, but not granting all relief for which she prayed, the defendants appealed to the supreme court and complainant prosecuted a cross-appeal. The facts are sufficiently stated in, or are plainly apparent from, the opinion of the court. The rights of the Whitfield children to these lands are based upon the following propositions. Their grandfather, William…

1Opinion of the Court

Mayes, Special Judge,

delivered the opinion of the court.*

This case presents two controversies, arising under the fifteenth article of the will of William Whitfield, who died in *4511854. See Whitfield v. Burke, 86 Miss. 435, 38 South. 550, 109 Am. St. Rep. 714. The lands in dispute were by that will devised to his two sons, William W. and John A., for terms of their natural lives, respectively, with remainders in each case to the surviving children of the testator, and after them to the. grandchildren. John A. died in 1863, without issue, and William W. and a sister, Lucy A., were his heirs.…

2Cases cited1 opinion

  1. Whitfield v. BurkeMississippi Supreme Court · 1905

3Cited by1 opinion

  1. Yazoo & Mississippi Valley Railroad v. FitzgeraldMississippi Supreme Court · 1909

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