Brickell v. Lightcap
Mississippi Supreme Court
Appeal from, the chancery court of Yazoo county. Hon. O. B. Taylor, Chancellor. Bill by H. H. Brickell and others against H. B. Light-cap and others. From a decree dismissing the original and amended bill, plaintiff appeals.
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Appeal from, the chancery court of Yazoo county. Hon. O. B. Taylor, Chancellor. Bill by H. H. Brickell and others against H. B. Light-cap and others. From a decree dismissing the original and amended bill, plaintiff appeals. The facts are fully stated in the opinion of the court. 1. This is a direct attack upon the decree, and not a collateral one, as will be contended by the counsel for appellees, in the extremity of their situation; and the bill answers every purpose, and contains the necessary averments, of a bill of review. McKinney v. Adams, 95 Miss. 832, 50 So. 474; Words and Phrases,…
1Opinion of the CourtStevens, J.
Appellants exhibited their bill in equity against the appellees. There was a demurrer to the bill, the demurrer was sustained, and from the decree sustaining the demurrer and dismissing the original and amended bill, appellants prosecute this appeal. H. H. Brickell, J. B. Ellis, and J. J. North are successors in office of the trustees originally appointed under the will of J. F. Powell, deceased, and the other appellants are the children and next of kin of J. F. Powell, deceased, a former citizen.of Yazoo City. The will of J. F. Powell is as follows:
“In the name'of God, Amen: I, J. F. Powell,…
2Cases cited9 opinions
- United States v. CurrySupreme Court of the United States · 1848
- Ridley v. HallidayTennessee Supreme Court · 1901
- Sheppard v. WilsonSupreme Court of the United States · 1848
- Thomas v. ThomasMississippi Supreme Court · 1910
- Ferguson v. ScottMississippi Supreme Court · 1873
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