Eubanks v. McLeod
Mississippi Supreme Court
Appeal from the circuit court of G-reene county. Hon. J. L. Buckley, Judge. Suit by Matilda Eubanks against Sarab McLeod and •others. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The main point is on the validness vel non of the chancery proceedings on account of the service of the minors.
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Appeal from the circuit court of G-reene county. Hon. J. L. Buckley, Judge. Suit by Matilda Eubanks against Sarab McLeod and •others. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The main point is on the validness vel non of the chancery proceedings on account of the service of the minors. This case comes squarely within the case of Mclvoy v. Alsop, 45 Miss. 365, 373. Where the court construing the ■statute as to service on minors held that, where, from the bill, it appeared who was the mother of the minors, and there was no father…
1Opinion of the Court
Smith, O. J.,
delivered the opinion of the court.
This is a suit in ejectment, instituted in the court below by appellant to recover of appellees possession of certain land. One Joel Dickinson died several years since intestate, leaving as his heirs a widow and several children. Some time after his death one of these children, Sarah McLeod, filed her bill in the chancery court of G-reene county against the widow and other children of Joel Dickinson, deceased, alleging that during his lifetime her father had made her a verbal gift of the land here in controversy, and praying that her title…
2Cases cited1 opinion
- Gully v. DunlapCourt of Appeals of Mississippi · 1852
3Cited by2 opinions
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- Prudential Ins. Co. v. GleasonMississippi Supreme Court · 1939