Cain v. Barnwell
Mississippi Supreme Court
Appeal from chancery court of Jackson county. Hon. W. M. Denny, Jr., Chancellor. Suit by E. B. Barnwell against W. M. Cain and others. Decree for complainant, and defendants appeal. Counsel for appellee in their brief argue that the decision of the court on the former appeal of this case. Gain et al. Y. Barnwell, 120 Miss. 209, 82 So. 65, will decide the case on this appeal. Apparently, they do not realize the difference in the records on the two appeals.
Read the full summary
Appeal from chancery court of Jackson county. Hon. W. M. Denny, Jr., Chancellor. Suit by E. B. Barnwell against W. M. Cain and others. Decree for complainant, and defendants appeal. Counsel for appellee in their brief argue that the decision of the court on the former appeal of this case. Gain et al. Y. Barnwell, 120 Miss. 209, 82 So. 65, will decide the case on this appeal. Apparently, they do not realize the difference in the records on the two appeals. The first appeal was from the decree of the chancery court, overruling the demurrer to the bill. So that the record then consisted only of…
1Opinion of the CourtW. H. Cook, J.
Appellee, E. B. BarnAvell, exhibited his bill of complaint in the chancery court of Jackson county against W. M. Cain, J. B. Cain, and C. E. Cain, appellants, praying that a certain document, purporting to be the last will and testament of Mrs. Louise C. Barnwell, deceased, which had been admitted to probate by the chancery clerk, be declared null and void, and praying for the cancellation of a certain deed executed by testatrix to appellants, or, in the *132alternative, if the court shall hold that the will was valid, that complainant should be adjudged the owner of an undivided one-half…
2Cases cited1 opinion
- Caine v. BarnwellMississippi Supreme Court · 1919
3Cited by2 opinions
- Bullock v. HarperMississippi Supreme Court · 1970
- McBride v. HaynesMississippi Supreme Court · 1971