Legal Opinion

Gillis v. Smith

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 24 opinions

Appeal from the chancery court of Lauderdale county. Hon. G. O. Tann, Chancellor. Suit by Mrs. L. E. Smith and others against Herbert Gillis, Guardian of Jack C. Jarvis, Jr., and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Read the full summary

Appeal from the chancery court of Lauderdale county. Hon. G. O. Tann, Chancellor. Suit by Mrs. L. E. Smith and others against Herbert Gillis, Guardian of Jack C. Jarvis, Jr., and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It will be séen that- the complainants in this case undertook the burden of proving, first, that Miss Susan E. Caraway executed the said deed at a time when she was “totally and wholly mentally incapacitated to executed a valid deed;” and second that the same was “procured by deception, fraud, and duress…

1Opinion of the CourtStevens, J.

Appellant Gillis is the legal guardian of the property «of Jack C. Jarvis, Jr., a minor, and prosecutes this appeal from a decree of the chancery court of Lauderdale county sustaining the prayer of appellees’ bill to cancel a certain deed executed by Miss Susan E. Caraway, whereby there was conveyed to the minor certain property in Meridian, Miss. Miss Caraway, now deceased, was an aunt of Jack C. Jarvis, Jr. — the sister of Jack’s mother, Mrs. Nellie Jarvis. The mother of Jack died when he was about two years of age. The little boy was then taken in charge by Miss Susan E. Caraway, the…

2Cases cited7 opinions

  1. Knox v. KnoxSupreme Court of Alabama · 1891
  2. Burnett v. SmithMississippi Supreme Court · 1908
  3. Ralston v. TurpinSupreme Court of the United States · 1889
  4. Les Bois v. BramellSupreme Court of the United States · 1846
  5. Wherry v. LatimerMississippi Supreme Court · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Mullins v. RatcliffMississippi Supreme Court · 1987
  2. Fortenberry v. HerringtonMississippi Supreme Court · 1940
  3. Wise v. WiseSupreme Court of Florida · 1938
  4. Gathings v. HowardMississippi Supreme Court · 1920
  5. McCartney v. McKendrickMississippi Supreme Court · 1956

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API