Legal Opinion

Pearson v. Caldwell

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 1 opinion

From the chancery court of Panola county Hon. Isaao T. Blount, Chancellor. Pearson, appellant, was complainant in the court-below; Mrs. Caldwell and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts sufficiently appear from the opinion of the court. When T. F. Caldwell lived he owned the lot in controversy and thought it was described as Lot No. Five in Block F in Batesville.

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From the chancery court of Panola county Hon. Isaao T. Blount, Chancellor. Pearson, appellant, was complainant in the court-below; Mrs. Caldwell and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts sufficiently appear from the opinion of the court. When T. F. Caldwell lived he owned the lot in controversy and thought it was described as Lot No. Five in Block F in Batesville. He paid taxes on it by that description for several years. He did not, in fact, own the lot so described, and did not claim it. The lot…

1Opinion of the CourtCalhoon, J.

The death of T. F. Caldwell cast the title to his lands on his heirs at law, who brought ejectment for a certain lot “in the rear of what was known as the Caldwell storehouses in the town of Batesville.” Pending that action of ejectment, this suit in equity was filed by Pearson for an injunction against its prosecution. On the hearing, the bill and an amended bill were dismissed, and the injunction dissolved.

Pearson claims an equitable title through a sale to pay debts made by T. F. Caldwell’s administrator. At that sale one Moore bought, or thought he bought, the land here litigated about.…

2Cited by1 opinion

  1. Cusimano v. SpencerMississippi Supreme Court · 1943

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