White v. Lefoldt
Mississippi Supreme Court
From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Mrs. White, the appellant, was the complainant, and Lefoldt, the appellee, was defendant in the court below.
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From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Mrs. White, the appellant, was the complainant, and Lefoldt, the appellee, was defendant in the court below. The controversy between the parties arose from this state of facts: One Woolsey formerly owned the land involved in the suit, a lot in-the city of Vicksburg; he leased it for a term of years, with right in the tenant to build a house on it, and to remove the house at the end of the term, it being stipulated that the house should remain personal property, and not become a part of the land or be treated as a…
1Opinion of the CourtCalhoon, J.
We know no statute, nor common law principle, nor adjudication in law or equity, nor sound reason which would, by any stretch, authorize or-justify a court of equity, without express consent of the parties, in including in a decree of sale for partition of property owned in common other property owned exclusively by one of the parties. Partition of land must be between “joint tenants, tenants in common, or coparceners” (code 1892, § 3097); and so of personalty (Id., §§3120, 3121). The action of the court below is affirmed, and the cause remanded for such procedure as may be desired and proper…
2Cited by3 opinions
- Forest Product & Mfg. Co. v. BuckleyMississippi Supreme Court · 1914
- Heintz v. WilhelmSupreme Court of Minnesota · 1922
- Coers v. WilliamsMississippi Supreme Court · 1954