Morgan v. Long
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. A. H. Longino, Chancellor. This was a proceeding brought by the appellees for a partition of the lands in controversy, in which they owned an undivided one-fourth interest, and an accounting as to rents. The bill shows that the defendant, Mrs. McHenry, owned a three-fourths interest in the land, and was, and had been for some years, in the adverse possession of the whole tract.
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From the chancery court of Leflore county. Hon. A. H. Longino, Chancellor. This was a proceeding brought by the appellees for a partition of the lands in controversy, in which they owned an undivided one-fourth interest, and an accounting as to rents. The bill shows that the defendant, Mrs. McHenry, owned a three-fourths interest in the land, and was, and had been for some years, in the adverse possession of the whole tract. It further averred that during such adverse possession a considerable part of the agricultural products had been turned over to the appellant, Morgan, who held a deed of…
1Opinion of the CourtCooper, C. J.
In no aspect of the pleadings can it be said that the complainants have made Morgan a defendant to their bill that an account may be taken as between him and Mrs. McHenry to the end that complainants may redeem the land, upon which they may fix a charge for the rents collected by their co-tenant, Mrs. McHenry. He is made defendant for the purpose only of charging him with the value of the rents received by Mrs. McHenry and paid over to him. To this liability he is not subject. The rents collected by Mrs. McHenry were taken by her, as. the bill distinctly avers, under an adverse claim, and not…
2Cases cited1 opinion
- Burns v. DreyfusMississippi Supreme Court · 1891
3Cited by2 opinions
- Pennington v. PurcellMississippi Supreme Court · 1927
- Austin v. BarberMississippi Supreme Court · 1906