Jones v. Grimes
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N, Thomas, Chancellor. Bill by Katie Jones and others against Allen Grimes and others. The unnamed defendant filed demurrers which the court sustained, allowing an appeal to the supreme court to settle the law involved in the case. The bill in this case was filed by the appellants, Katie Jones, John Jones, Jr., and Sarah Blackman, the widow and children of one John Jones, deceased.
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Appeal from the chancery court of Warren county. Hon. E. N, Thomas, Chancellor. Bill by Katie Jones and others against Allen Grimes and others. The unnamed defendant filed demurrers which the court sustained, allowing an appeal to the supreme court to settle the law involved in the case. The bill in this case was filed by the appellants, Katie Jones, John Jones, Jr., and Sarah Blackman, the widow and children of one John Jones, deceased. The bill alleged that during the life of said John Jones he and appellant Katie Jones, his wife, executed to Allen Grimes a deed, conveying certain lands…
1Opinion of the CourtSmith, C. J.
Two questions’ are presented by this record: First, Can the bona-fide incumbrancer for value defense be here raised by demurrer; and, in event that question is answered in the affirmative, second, does it appear from the bill that appellees are bona-fide incumbrancers for value without notice of appellants’ claim of ownership of the land?
The bona-fide purchaser or incumbrancer for value defense is an affirmative one, and must be raised by plea or answer, unless all the, facts necessary to establish it are alleged in the bill, in which event it can be raised by demurrer. Greaves v. Atkinson,…
2Cases cited3 opinions
- Baldwin v. AndersonMississippi Supreme Court · 1912
- Hafter v. StrangeMississippi Supreme Court · 1887
- Greaves v. AtkinsonMississippi Supreme Court · 1891
3Cited by3 opinions
- Crawford v. BROWNMississippi Supreme Court · 1952
- Hamlin v. HamlinDistrict Court, N.D. Mississippi · 1964
- Enterprise Plumbing Co. v. Bailey Mortgage Co.Mississippi Supreme Court · 1968