Wallis v. Doe
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. This was an action of ejectment, brought by the heirs at law of Chafin Smith, to the October term, 1839, of the circuit court of Holmes county, to recover a tract of land lying in that county. The declaration and notice were served on Joseph Wallis, who, at the July special term, 1840, appeared, and caused himself to be made defendant, confessed the lease, entry, and ouster, &c., and pleaded not guilty.
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Appeal from the circuit court of Holmes county. This was an action of ejectment, brought by the heirs at law of Chafin Smith, to the October term, 1839, of the circuit court of Holmes county, to recover a tract of land lying in that county. The declaration and notice were served on Joseph Wallis, who, at the July special term, 1840, appeared, and caused himself to be made defendant, confessed the lease, entry, and ouster, &c., and pleaded not guilty. On the trial it was proved, that the plaintiffs were the heirs at law of Chafin Smith, who in his life-time was admitted to have had title to…
1Opinion of the CourtJustice Clayton
This was an action of ejectment, brought by the defendants in error as the heirs of their ancestor, to recover a tract of land in Holmes county. Two errors are assigned for reversing the judgment.
It is first objected that the land was the homestead or place of residence of Smith, the ancestor, at the time of his death, that he left a widow who, under the statute, is entitled to the premises until her dower is assigned to her, and that the plaintiff in error claims under the widow as the purchaser of her interest at execution sale.
At common law the widow had a right to remain in the…
2Cited by1 opinion
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