Crusoe v. Butler
Mississippi Supreme Court
ERROR to the Circuit Court of Lowndes county. Hon. William L. Harris, judge. The case is very fully stated in the opinion of the court.
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ERROR to the Circuit Court of Lowndes county. Hon. William L. Harris, judge. The case is very fully stated in the opinion of the court. Filed an elaborate printed brief, in which he made the following points: — 1. The probate of the will in Alabama, the testator’s domicil, is a judgment, which is binding in this State, without a probate here; and the record is admissible under the Act of Congress of the 26th of May, 1790. Melvin v. Lyons, 10 S. & M. 78 ; Lancaster v. McBride, 5 Iredell, 421; Syman v. GrasJcins, 5 lb. 268; Selme v. Sanders, 3 Hawk. 563; Balfour v. Ohew, 5 Martin La. Rep. (N.…
1Opinion of the CourtHaNDY, J.
This was an action of ejectment, brought by the defendants in error, to recover a tract of land in Lowndes county, in the possession of the plaintiff in error, who held under one Abijah Mann, Jr.
The claim of the plaintiffs below'was founded upon the title of Mrs. Butler, as the sole heir at law of Joshua B. Leavens, deceased.
By agreement of the parties, it was admitted on the trial, that Joshua B. Leavens was a resident citizen of the State of Alabama, and that he died there, having, at the time of his death, a perfect 'title tb the land in controversy; that a copy of a deed of conveyance for…
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