Johns v. Williams & Black
Mississippi Supreme Court
Appeal from the chancery court of Hinds county, second district. Hon. Warren Cowan, Chancellor.' The appellants, complainants in the chancery court, exhibited this bill against their mother, Ellen Johns, and Williams & Black.
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Appeal from the chancery court of Hinds county, second district. Hon. Warren Cowan, Chancellor.' The appellants, complainants in the chancery court, exhibited this bill against their mother, Ellen Johns, and Williams & Black. The bill alleges that complainants are minors, except one of them who has just became of age, and that they have not had a guardian; that the land in controversy was originally owned by one Moffett, and was by him conveyed in 1873 to Ellen Johns, in trust for the use of her children. The deed recites that the grantor (Moffett), “ for and in consideration of the sum of…
1Opinion of the CourtCooper, J.
There are two grounds, either of which is sufficient to maintain the jurisdiction of the chancery court and entitle the complainants to relief.
The first is, that complainants are equitable and not legal owners of the land and are seeking the cancellation of a lease made by the trustee in consideration, in part of her private debt to the lessees, and the proper enforcement of the trusts upon which the land is held for them; the other is, that complainants are infants .and for that reason are entitled to invoke the intervention of the court of equity to charge, as baliff or trustee, the…
2Cases cited1 opinion
- Wathen ex rel. Goodrum v. GlassMississippi Supreme Court · 1877
3Cited by1 opinion
- Rawlings v. RawlingsMississippi Supreme Court · 1919