Fauntleroy v. Mardis
Mississippi Supreme Court
Appeal from chancery court of Jefferson county. Hon. B. WÍ. Cutrer, Chancellor. Suit by W. E. Fauntleroy and others against Chas. Mardis and others. From a decree dismissing the bill, plaintiffs appeal. It will not escape the attention of this court that this is not an appeal from the decision of a chancellor upon a controverted issue of fact. Therefore there is no presumption of correctness attached to the finding herein.
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Appeal from chancery court of Jefferson county. Hon. B. WÍ. Cutrer, Chancellor. Suit by W. E. Fauntleroy and others against Chas. Mardis and others. From a decree dismissing the bill, plaintiffs appeal. It will not escape the attention of this court that this is not an appeal from the decision of a chancellor upon a controverted issue of fact. Therefore there is no presumption of correctness attached to the finding herein. The chancellor only passed on two issues of fact and in each of them sustained the contention of the complainants. One that there was an agreement, (whatever its exact…
1Opinion of the CourtSykes, J.
The appellants, as the widow and minor children of Frank B. Fauntleroy, deceased, brought suit by bill-in chancery court to set aside a trustee’s deed to lands owned by the deceased and purchased at the trustee’s sale by Frank Junkin, appellee. The case was heard on pleadings and proof, and the bill dismissed, from which decree this appeal is prosecuted. It will be unnecessary to set forth fully all of the allegations of the pleading and the testimony in the case. The material facts necessary for an understanding of this opinion are briefly stated as follows: (
The deed of trust under which…
2Cases cited1 opinion
- Wilczinski v. WatsonMississippi Supreme Court · 1915
3Cited by8 opinions
- Hancock v. PyleMississippi Supreme Court · 1941
- Smith v. BellWest Virginia Supreme Court · 1947
- Jones v. FrankMississippi Supreme Court · 1920
- United States of America, Cross-Appellee v. John Junius Sims, Lois E. Sly, of the Last Will and Testament of Howard B. Sly, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1978
- Texas Co. v. MaloneyWyoming Supreme Court · 1935
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