Legal Opinion

Yazoo Lumber Co. v. Clark

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 10 opinions

From the chancery court of Yazoo county. LIon. G. Garland Lyell, Chancellor. The lumber company, appellant, was complainant in the court below; Mrs. Clark and others, appellees, were defendants there. From a decree in favor of the defendants, other than Mrs. Clark, the complainant appealed to the supreme court, and Mrs. Clark prosecuted a cross-appeal.

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From the chancery court of Yazoo county. LIon. G. Garland Lyell, Chancellor. The lumber company, appellant, was complainant in the court below; Mrs. Clark and others, appellees, were defendants there. From a decree in favor of the defendants, other than Mrs. Clark, the complainant appealed to the supreme court, and Mrs. Clark prosecuted a cross-appeal. H. H. Breeland, a married man, living with his wife, conveyed his homestead with general warranty to his son, J. W. Breeland; the wife not joining in the conveyance. Thereafter J. W. Breeland and wife conveyed the land to Mrs. M. M. Breeland,…

1Opinion of the Court

Whitfield, O. J.,

delivered the opinion of the court.

The very ingenious and able legal argument made by learned counsel for appellant on direct appeal cannot prevail on the testimony in this record, under the decisions of this court touching the invalidity of a deed to a homestead by the husband, not joined in by the wife. The deed executed to the homestead by the husband, H.' H. Breeland, was a nullity, the wife not having joined therein.- On the direct appeal the ease is affirmed.

On the cross-appeal, reluctant as we are to disturb the finding *251of the unusually painstaking and accomplished…

2Cited by10 opinions

  1. Welborn v. LoweMississippi Supreme Court · 1987
  2. Matter of Estate of ChildressMississippi Supreme Court · 1991
  3. Mills v. DAMSON OIL CORPORATIONMississippi Supreme Court · 1983
  4. Travis v. DantzlerMississippi Supreme Court · 1962
  5. Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1983

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