McAllister v. Mitchner
Mississippi Supreme Court
FrOM the chancery court of Lee county. W. T. HoustoN, Esq., a member of the bar, by agreement of parties, presided as special Chancellor in this case. The appellant, A. L. McAllister, owned a tract of land in Chickasaw county, Mississippi.
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FrOM the chancery court of Lee county. W. T. HoustoN, Esq., a member of the bar, by agreement of parties, presided as special Chancellor in this case. The appellant, A. L. McAllister, owned a tract of land in Chickasaw county, Mississippi. In 1883 she signed, acknowledged, and delivered to her daughter, Mrs. Mitchner, a deed conveying to her this tract of land, reserving therein an annual rental of $100 during her own life, and providing that she, the grantor, should pay no rent for any part of the land occupied by her as a home while she lived. The deed by its terms was to.take effect…
1Opinion of the Court
CAMPBELL, C. J.,
delivei’ed the opinion of the court.
Upon the facts, as stated by the appellant herself, the appellee is entitled to the decree rendered in his favor. She made a deed conveying the land to her daughter, and delivered it to her upon some verbal agreement as to its future disposition in certain contingencies, and it was surrendered to her by her daughter before she died. Grant it all. The title was in the daughter by the conveyance, and its surrender and cancellation had no effect on the title. A deed cannot be delivered to the grantee as an escrow, and any verbal agreement…
2Cases cited1 opinion
- Burton v. WellsMississippi Supreme Court · 1856
3Cited by2 opinions
- Gilchrist-Fordney Co. v. RussellCourt of Appeals for the Fifth Circuit · 1927
- Wood v. JohnsonMississippi Supreme Court · 1959