Caldwell v. Kimbrough
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. Percy Bell, Chancellor. Kimbrough and others, appellees, were complainants in the court below; Caldwell and others, appellants, were defendants there. From a decree overruling a motion to dissolve an injunction defendants appealed to the supreme court. The facts are stated in the opinion of the court.
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From the chancery court of Leflore county. Hon. Percy Bell, Chancellor. Kimbrough and others, appellees, were complainants in the court below; Caldwell and others, appellants, were defendants there. From a decree overruling a motion to dissolve an injunction defendants appealed to the supreme court. The facts are stated in the opinion of the court. It will be seen from the correspondence set forth and from the answer and other exhibits thereto that at no time from the writing of the letter of December 12, 1905, by Caldwell, informing the administrator that the beneficiaries in the deed of…
1Opinion of the CourtMates, J.
The facts in this case are that on the 14th day of November, 1904, W. H. Morgan purchased from the heirs of Matilda W. Caldwell, deceased, certain lands in Leflore county, Miss. The amount agreed to be paid for this purchase was $45,000. This amount was not paid in cash, but Morgan executed a deed in trust to secure this sum, in which he was joined by his wife, Margaret O. Morgan. The deed in trust covered the property purchased, and the other property in the same county belonging to the Morgans. When this deed in trust was executed for the place bought from the Caldwell heirs by W. H.…
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