Kaiser v. Earhart
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. HoN. J. B. ChrismaN, Judge. In 1880 N. B. Earhart and his wife, Heloise- Earhart, executed a deed to a certain tract of land to one Samuel Kaiser. In 1882 Mrs. Earhart died. In 1885 Samuel Kaiser conveyed this land to Isaac Kaiser, who thereupon brought this action of ejectment against N. B. Earhart for the possession of the land. The defendant pleaded the general issue.
Read the full summary
Appeal from the Circuit Court of Wilkinson County. HoN. J. B. ChrismaN, Judge. In 1880 N. B. Earhart and his wife, Heloise- Earhart, executed a deed to a certain tract of land to one Samuel Kaiser. In 1882 Mrs. Earhart died. In 1885 Samuel Kaiser conveyed this land to Isaac Kaiser, who thereupon brought this action of ejectment against N. B. Earhart for the possession of the land. The defendant pleaded the general issue. On the trial the plaintiff introduced the deed from Earhart and wife to Samuel Kaiser and the deed from Samuel Kaiser to himself, and rested. The defendant then showed that…
1Opinion of the CourtCooper, C. J.
If it be conceded that the conveyance executed by the defendant and his wife was ineffectual to convey the wife’s title because of her lunacy, it is yet true that the first verdict was manifestly right and should not have been set aside by the court. The conveyance was executed by the defendant, and by the death of the wife he derived either the whole or a part of her title by descent. Whatever title was thus acquired by him enured to the benefit of his grantee. Clarke v. Slaughter, 34 Miss. 65.
It is said that there is nothing in the record indicating that the husband was the sole heir-at-law…
2Cases cited1 opinion
- Clark v. SlaughterMississippi Supreme Court · 1857
3Cited by5 opinions
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- McSwain v. GriffinMississippi Supreme Court · 1953
- Fitzgerald v. AllenMississippi Supreme Court · 1921
- Edwards v. HillierMississippi Supreme Court · 1893
- Mills v. Damson Oil CorporationCourt of Appeals for the Fifth Circuit · 1982