Martin v. Graham
Mississippi Supreme Court
Appeal- from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Andrew Martin against Lucy L. Graham. From a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The question here is not what did the parties intend to say in the instrument at issue, nor what did they intend the instrument to be, but what is the nature of the instrument in legal contemplation.
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Appeal- from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Andrew Martin against Lucy L. Graham. From a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The question here is not what did the parties intend to say in the instrument at issue, nor what did they intend the instrument to be, but what is the nature of the instrument in legal contemplation. We think the langu age of the instrument is clear enough; there is no mistaking what it says; and we think it means what it says, which is that, whatever property these…
1Opinion of the CourtSykes, J.
The appellant, Andrew Martin, filed a bill in the chancery court of Warren county against appellee, Lucy Graham, in which bill he alleged that he was the sole heir at law of Chaney Vaughn, who died seized and possessed of certain property described in said bill, that the appellee, Lucy Graham, claims to be the owner of the property by virtue of- a certain instrument, the material parts of which are as follows:
“State of Mississippi, Warren County, City of Vicksburg. Know all men by these presents, that we, Henry H. Vaughn, . . . and Chaney Ann Vaughn, his wife, for the natural love and…
2Cases cited2 opinions
- Cox v. ReedMississippi Supreme Court · 1917
- Simpson v. McGeeMississippi Supreme Court · 1916
3Cited by8 opinions
- Gaston v. MitchellMississippi Supreme Court · 1941
- Kelly v. CovingtonMississippi Supreme Court · 1919
- Tapley v. McManusMississippi Supreme Court · 1936
- Buchanan v. BuchananMississippi Supreme Court · 1959
- Peebles v. RodgersMississippi Supreme Court · 1951
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