Beason v. Coleman
Mississippi Supreme Court
Erom the chancery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Beason, executor, appellant, was complainant in the court below; Coleman and others, appellees, were defendants there. Erom a decree in defendants’ favor the complainant appealed to the supreme court.
Read the full summary
Erom the chancery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Beason, executor, appellant, was complainant in the court below; Coleman and others, appellees, were defendants there. Erom a decree in defendants’ favor the complainant appealed to the supreme court. The bill charged that the complainant is executor of the last will and testament of W. B-. Beason, deceased; that testator died seised and possessed of lands, which by the terms of his last will and testament he bequeathed to his widow, Mrs. Elizabeth Beason, during her life and at her death to tje sold and the…
1Opinion of the CourtMates, J.
The only deed sought to be canceled is the deed of W. B. Beason to Henry M. and P. E. Coleman to the N. W. ¿ of the S. W. ¿, section 13, township 1, range 15 E., of date December 18, 1889, which it is claimed was made by a mutual mistake of the parties. The demurrer admits this fact, and, if so, the deed is a cloud on the title of the property. This being the case, and because neither the rights of Mrs. Elizabeth Beason, nor those of D. C. and M. Torrence, are to be affected in any way, it was not necessary to make them parties- to this proceeding. It is true that Mrs. Elizabeth Beason, by…
2Cases cited4 opinions
- Gerard v. BatesIllinois Supreme Court · 1888
- McDonald v. City of St. PaulSupreme Court of Minnesota · 1901
- Fly v. KingMississippi Supreme Court · 1893
- McCaa v. RussomMississippi Supreme Court · 1876
3Cited by2 opinions
- George County Bridge Co. v. CatlettMississippi Supreme Court · 1931
- Park Addition Co. v. SawyerSupreme Court of Oklahoma · 1926