Johns v. Smith
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. A statement of the case will be found in the opinion of the court. 1. That the control of infants and their property constituted one of the original subjects of equity jurisdiction, has been fully recognized in this State. Bacon v. Gray, 23 Miss. 140. See also 2 Story’s Eq.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. A statement of the case will be found in the opinion of the court. 1. That the control of infants and their property constituted one of the original subjects of equity jurisdiction, has been fully recognized in this State. Bacon v. Gray, 23 Miss. 140. See also 2 Story’s Eq. Jur., sects. 1334, 1357. Under sect. 1220 of the Code of 1871, the Chancery Court is authorized to order the sale of such portion of a ward’s land, upon the application of the guardian, as may be necessary to the maintenance and education of the…
1Opinion of the CourtG-boRGb, C. J.
The appellants are infants, and the children of two of the defendants in the court below, — C. Johns and wife ; and they are entitled to about one thousand five hundred acres of land, under a deed made by their grandfather to their mother, in trust for them.
In 1875, and in March, 1876, prior to the passage of the revenue law of the last-named year, these lands were sold to the State, for the taxes due thereon. In 1877, the appellee, Smith, became the owner of the title of the State to these lands ; and in December of that year, he entered into an agreement with 0. Johns and wife, by which…
2Cases cited1 opinion
- Bacon v. GrayMississippi Supreme Court · 1851
3Cited by5 opinions
- Aust v. RosenbaumMississippi Supreme Court · 1897
- Northern v. ScruggsMississippi Supreme Court · 1918
- Cuevas v. CuevasMississippi Supreme Court · 1927
- Rawlings v. RawlingsMississippi Supreme Court · 1919
- Wirtz v. GordonMississippi Supreme Court · 1938