Legal Opinion

Taylor v. Alliance Trust Co.

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 5 opinions

From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor, being disqualified by reason of relationship to parties in interest, did not preside in this cause. By agreement, E. H. Bristow, Esq., a member of the bar, presided as special chancellor.

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From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor, being disqualified by reason of relationship to parties in interest, did not preside in this cause. By agreement, E. H. Bristow, Esq., a member of the bar, presided as special chancellor. Bill by appellee to canQel as a cloud upon its title to certain land in Lee county, a deed made by the sheriff of said county under an execution at which the appellant, E. B. K. Taylor, purchased, and also a deed made by her for a part of the land to appellants, Clarke & Clarke. The appellee is a corporation created by the laws of…

1Opinion of the CourtCooper, J.

It is not suggested by the evidence in the record, nor in argument of counsel, that the appellee has at any time acquired or owned lands in this state in excess of the quantity which it might have owned had it been a corporation organized under the laws of this state. But if that fact appeared, it would confer no right upon appellant to make the objection. The State alone can apply the corrective. Quitman County v. Stritze, 70 Miss., 320.

Nor is it true that there existed any public policy of the state evidenced by legislation, by reason of which the appellee was precluded from acquiring real…

2Cases cited4 opinions

  1. White v. MillerSupreme Court of Minnesota · 1893
  2. Board of Supervisors v. StritzeMississippi Supreme Court · 1892
  3. Yates v. MeadMississippi Supreme Court · 1891
  4. Dunton v. SharpeMississippi Supreme Court · 1893

3Cited by5 opinions

  1. Federal Land. Bank of N.O. v. CooperMississippi Supreme Court · 1941
  2. Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
  3. Fitts v. Terminal Warehouse Corp.Tennessee Supreme Court · 1936
  4. Peeples v. EnochsMississippi Supreme Court · 1934
  5. State Ex Rel. Knox v. Sisters of MercyMississippi Supreme Court · 1928

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