Cunningham v. Davis
Mississippi Supreme Court
Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. This is an action of ejectment brought to recover a certain tract of land, the title to which is claimed by the contending parties from John W. Reynolds, deceased, as a common source. The plaintiff claims as the sole-heir of John ~W. Reynolds ; the defendants claim through an alleged deed from him to Sarah A. Reynolds, deceased, they being her heirs.
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Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. This is an action of ejectment brought to recover a certain tract of land, the title to which is claimed by the contending parties from John W. Reynolds, deceased, as a common source. The plaintiff claims as the sole-heir of John ~W. Reynolds ; the defendants claim through an alleged deed from him to Sarah A. Reynolds, deceased, they being her heirs. In the trial of the case the defendants, in support of their title, offered in evidence, as a deed, an instrument of writing in the following language : “State oe…
1Opinion of the CourtCampbell, C. J.
In form the instrument is a deed. It was so called by the maker. It was acknowledged as such by him before a justice of the peace. Its character must be determined from its several provisions. If by it any present interest was vested it should be held to be a deed. If it was not to have any operation or effect until the death of the maker it could not be treated as a deed, although it was so named, and is in form a deed. The provision in these words, “ And that this deed do not take effect until after my death/’ coupled with the direction that the object of the bounty of the maker of the…
2Cited by15 opinions
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- Cox v. ReedMississippi Supreme Court · 1917
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