Legal Opinion

Spight v. Waldron

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 4 opinions

Appeal from the Chancery Court of Tippah County. Hon. Arthur E. Reynolds, Chancellor. All the material faets are stated in the opinion of the court.

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Appeal from the Chancery Court of Tippah County. Hon. Arthur E. Reynolds, Chancellor. All the material faets are stated in the opinion of the court. It is assigned for error: 1. Said chancery court erred in ordering his said bill of complaint to be dismissed, and in refusing the relief prayed for. 2. If it was deemed that other persons should be parties to the suit, the cause should have been remanded to the rules, with leave to make them parties. 3. Said court erred in considering as testimony, and in regarding certain statements in the deposition of witnesses for appellee, when objection…

1Opinion of the CourtSimrall, J.

The complainant became the purchaser at sheriff’s sale, of the land in suit, under a judgment recovered against Z. T. Tatum. This purchase was made in 1870, of the undivided one-third interest of said Tatum in the lands. The complainant traces the title to the lands as follows, viz: On the 20th of August, 1866, one J. W. McCarley conveyed to Tatum the one-third share or interest of the west half of sec. 5, T. 3, R. 5 east, and on the same day Tatum conveyed to one Martin Weeks the undivided one-third of the southwest 1-4 and the west 1-2 of the northwest 1-4 of sec. 5, T. 3, R. 5 east, and on…

2Cases cited5 opinions

  1. Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
  2. Wilkin v. WilkinNew York Court of Chancery · 1814
  3. Price v. CroneMississippi Supreme Court · 1870
  4. Shearer v. WinstonMississippi Supreme Court · 1857
  5. Brock v. EastmanSupreme Court of Vermont · 1856

3Cited by4 opinions

  1. Rivas v. SummersSupreme Court of Florida · 1894
  2. Wirtz v. GordonMississippi Supreme Court · 1938
  3. Belew v. JonesMississippi Supreme Court · 1879
  4. Thweatt v. ThweattCourt of Appeals of Mississippi · 2009

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