Cox v. Reed
Mississippi Supreme Court
Appeal from the chancery court of Tippah county. Hon. J. G. Me Go weN, Chancellor. Suit by Mrs. Nannie Cox against Chas. M. Reed. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Tippah county. Hon. J. G. Me Go weN, Chancellor. Suit by Mrs. Nannie Cox against Chas. M. Reed. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. We insist that the paper in controversy was in law not a deed but a will, and that the concluding words, “this deed to take and be in effect after the death of myself and wife,” show clearly that it was testamentary in its character and not a deed. In the Alabama case of Traywick v. Davis, 5 So. 83, 85 Ala. 343, find this language on page 84: “To have and to…
1Opinion of the CourtSykes, J.
The appellant, Mrs. Nannie Cox, filed her bill in the chancery court of Tippah county against Charles Reed, the appellee, in substance alleging that appellant and appellee are sister and brother, and that their father, Allen Reed, died seised and possessed of the lands involved in this controversy. The bill further alleges that Allen Reed and his wife in 1901 executed an instrument in writing which was intended as a will, devising the* land in controversy to appellee; that this instrument was not properly witnessed as a will, and is therefore void-; that the deceased, Allen Reed, left…
2Cases cited5 opinions
- Wall v. WallMississippi Supreme Court · 1855
- Cunningham v. DavisMississippi Supreme Court · 1884
- Simpson v. McGeeMississippi Supreme Court · 1916
- Thomas v. ByrdMississippi Supreme Court · 1916
- Jackson v. DilworthMississippi Supreme Court · 1861
3Cited by15 opinions
- Gaston v. MitchellMississippi Supreme Court · 1941
- Kelly v. CovingtonMississippi Supreme Court · 1919
- Knight v. KnightMississippi Supreme Court · 1923
- Tapley v. McManusMississippi Supreme Court · 1936
- Young Men's Christian Ass'n v. MurphyWashington Supreme Court · 1938
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