Day v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. In 1854 one Thomas J. .Wells .executed a deed of trust on certain real and personal property in Hinds County to one M. W. Stanley, trustee, for the joint benefit' of Nancy Wells, his wife, and their two children, James L. and J. Dessama Wells.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. In 1854 one Thomas J. .Wells .executed a deed of trust on certain real and personal property in Hinds County to one M. W. Stanley, trustee, for the joint benefit' of Nancy Wells, his wife, and their two children, James L. and J. Dessama Wells. See Boone v. Davis, ante 133. The two children died while still minors and unmarried, leaving as their heirs three half-sisters, to wit.: Mrs. Susan M. Day, Mrs. Amanda E. Davis, Mrs. Mary A. Heard, and the daughter of a deceased1 half-brother, Mrs. Ignatia L. Robinson, In…
1Opinion of the CourtCampbell, J.
The demurrer was rightly sustained as to the complainant, I. L. Eobinson, who had made a conveyance of the land, and shows no ground to avoid it, which as long as it stands is an insurmountable obstacle to any claim by her on the land. If her deed, was voluntary, it was nevertheless binding on her, and she cannot be permitted to gainsay the consideration expressed in the deed. On either ground the bill was not maintainable as to her, and the decree dismissing it as to her is affirmed.
The defense of adverse possession long enough to bar them is not sustained as to the other complainants,…
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