Harvey v. Briggs
Mississippi Supreme Court
From the circuit court of Ban kin county. HoN. A. G. Mayers, Judge. The opinion states the facts. We concede plaintiff’s right to one-balf of the land. But before he can recover as to the other half, he must at the outset show that he has a right to avoid the sale by Dora and Ella Briggs on account of infancy. This privilege is a personal one. Alsworth v. Cordtz, 31 Miss. 36. But if he can avoid their deed, he can only do so as they could have done.
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From the circuit court of Ban kin county. HoN. A. G. Mayers, Judge. The opinion states the facts. We concede plaintiff’s right to one-balf of the land. But before he can recover as to the other half, he must at the outset show that he has a right to avoid the sale by Dora and Ella Briggs on account of infancy. This privilege is a personal one. Alsworth v. Cordtz, 31 Miss. 36. But if he can avoid their deed, he can only do so as they could have done. They could only have avoided it by paying back what they had received. Hill v. Anderson, 5 S. & M. 224. The presumption is that the money was…
1Opinion of the Court
"Woods, C..J.,
delivered the opinion of the .court.
This is an action of ejectment which was tried on an agreed statement of facts, in writing, before the court, a jury having been waived.
This agreed statement of facts shows that the lands in controversy were conveyed, in 1855, by the original purchaser from the government, one Wright, to Graves and White; that, in 1869, the attorney in fact of Graves, one Compton, conveyed by deed the whole of said land to R. W. Briggs, the father of plaintiff below— the appellee — and that R. W. Briggs entered upon said lands, under the Compton deed, and…
2Cited by16 opinions
- Bullock v. SprowlsTexas Supreme Court · 1899
- Lake v. PerryMississippi Supreme Court · 1909
- Bell v. SmithMississippi Supreme Court · 1929
- Davis v. Gulf Refining Co.Mississippi Supreme Court · 1947
- State ex rel. Noble v. City Council of CheyenneWyoming Supreme Court · 1898
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