Legal Opinion

Mallory v. Walton

Mississippi Supreme Court

Decided March 15, 1919PublishedCited by 12 opinions

Appeal from the chancery court of Calhoun county. HoN. J. G-. McGoweN, Chancellor. Suit by Mrs.'L. J. Walton and other against Vernon Mallory and others. From the decree rendered, defendants appeal. The facts are fully stated in the opinion of the court. We respectfully submit that this case should be reversed and decree entered in this court confirming the title in the defendants.

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Appeal from the chancery court of Calhoun county. HoN. J. G-. McGoweN, Chancellor. Suit by Mrs.'L. J. Walton and other against Vernon Mallory and others. From the decree rendered, defendants appeal. The facts are fully stated in the opinion of the court. We respectfully submit that this case should be reversed and decree entered in this court confirming the title in the defendants. We cite the following authorities on the point of the erroneous entering of the decree pro confes so-: Minor v. Stewart, 2 H. 912; Hargrove v. Martin Pleas-ants & Co., 6 S. & M. 61; Kelly v. Brooks, 67 Miss. 235;…

1Opinion of the CourtSmith, C. J.

This is a suit for partition instituted in the court below by the appellees, who are the widow and children of T. P. Walton, who died in December, 1905. The bill alleged that on the 15th day of March, 1887, Walton was the owner of the land here sought to be partitioned; which was then his homestead, and that on that day he, together with his wife, executed and delivered to G-. W. Naron, T. T. Mancil, and J. R. Naron a deed *401to a one-half interest therein; that on the 4th day of May, 1,908, the grantees in this deed conveyed their interest in the land to1 C. W. Latham, through whom the…

2Cases cited2 opinions

  1. Sheehan v. KearneyMississippi Supreme Court · 1903
  2. Ferguson v. Board of SupervisorsMississippi Supreme Court · 1893

3Cited by12 opinions

  1. Holcomb v. City of ClarksdaleMississippi Supreme Court · 1953
  2. White v. InmanMississippi Supreme Court · 1951
  3. Jones v. MintonMississippi Supreme Court · 1962
  4. Brown v. StateMississippi Supreme Court · 1935
  5. Nichols v. Estate of SaulsMississippi Supreme Court · 1964

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