Legal Opinion

Gentry v. Gamblin

Mississippi Supreme Court

Decided October 15, 1901Published

From the chancery court of Neshoba county. HoN. JohN Davis, Special Chancellor. Gentry, the appellant, was complainant and Gamblin, the appellee, was defendant in the court below. The facts are sufficiently stated in the opinion of the court. Section 500 of the code of 1892 specifically confers on chancery courts jurisdiction to remove clouds upon titles. The bill alleges that appellee asserts a claim or pretends to have a right or title to the land mentioned in the bill.

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From the chancery court of Neshoba county. HoN. JohN Davis, Special Chancellor. Gentry, the appellant, was complainant and Gamblin, the appellee, was defendant in the court below. The facts are sufficiently stated in the opinion of the court. Section 500 of the code of 1892 specifically confers on chancery courts jurisdiction to remove clouds upon titles. The bill alleges that appellee asserts a claim or pretends to have a right or title to the land mentioned in the bill. The prayer of the bill is that this cloud upon the title of complainant be removed, and it is within the province of the…

1Opinion of the CourtCalhoon, J.

Gentry’s bill in chancery shows that on J une 7, 1885, Gamb-lin secured a debt he owed B. F. Quarles & Co. by trust deed conveying to J. A. Jones, trustee, the land involved in this suit. The debt not being paid at maturity, the land was sold and conveyed by a substituted trustee to B. F. Quarles & Co., the beneficiaries. Seeing that he had lost bis land, Gamblin applied to them to sell it back to him, and they verbally agreed to reconvey if he would pay his debt. Failing to get the money from others to whom he applied, he finally prevailed on R. L. Lee & Bro., a firm, to pay it if he would…

2Cases cited1 opinion

  1. Money v. RickettsMississippi Supreme Court · 1884

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