Wise Bros. v. Hyatt
Mississippi Supreme Court
Fbom the chancery court of Yazoo county. HoN. H. C. CONN, Chancellor. The land in controversy, lot 131 in Yazoo city, was part of the estate of L. L. Hyatt, who died in 1865. By his will he appointed his wife, the appellee, guardian of their four minor children, and devised the said lot to his wife and children, to be equally divided between them “share and share alike.” In October, 1889, the children, being then of age, conveyed their undivided interests to appellee.
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Fbom the chancery court of Yazoo county. HoN. H. C. CONN, Chancellor. The land in controversy, lot 131 in Yazoo city, was part of the estate of L. L. Hyatt, who died in 1865. By his will he appointed his wife, the appellee, guardian of their four minor children, and devised the said lot to his wife and children, to be equally divided between them “share and share alike.” In October, 1889, the children, being then of age, conveyed their undivided interests to appellee. Afterwards, in the same month, appellants, members of the firm of Wise Bros., purchased from appellee “lot 134 and all of lot…
1Opinion of the CourtWoods, C. J.
1. If all the judgments against It. W. and C. L. Hyatt were absolutely void, there was not an outstanding, paramount lien on lot 131, and the purchase of the interest therein of E. W. and C. L. Hyatt by the appellants, at execution sale, conferred no title, and imposed no obligation upon appellee to reimburse appellants for the sum so expended in extinguishing such supposed lien. But an inspection of the record fails to satisfy us that the judgments were void. The various summonses were, apparently, properly executed by a competent officer. The fact that in one of the suits against E. W. and…
2Cited by5 opinions
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