Legal Opinion

W. H. Gallaspy's Sons Co. v. Massey

Mississippi Supreme Court

Decided March 15, 1911PublishedCited by 6 opinions

Appeal from the chancery court of Newton county. Hon. Samuel Whitman, Jr., Chancellor. Suit by W. H. Gallaspy’s Sons Company against Mrs. T. A. Massey, who filed a cross bill. Prom a decree granting the prayer of the cross bill, complainant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Newton county. Hon. Samuel Whitman, Jr., Chancellor. Suit by W. H. Gallaspy’s Sons Company against Mrs. T. A. Massey, who filed a cross bill. Prom a decree granting the prayer of the cross bill, complainant appeals. The facts are fully stated in the opinion of the court. That a claim made for alimony is personal and that property of the defendant cannot be tied up by describing it in the bill and by a lis pendens notice, see Houston v. Timmerman (Or. 1889), 11 Am. St. Eep. 484. That state had a statute which gave the wife one-third interest in the land and…

1Opinion of the CourtMayes, C. J.

The appellee, Mrs. T. A. Massey, for some years prior to the 23d of February, 1906, was the wife of J. M. Massey, and they lived together as such. About the 23d of February Mrs. Massey was driven from her home by the cruelty of her husband, and never returned to live with him any more. It seems that he had been cruel and unkind to her for a long time prior to the above date, and that these continued cruelties culminated in a final separation on the 23d of February. On the 5th day of March, 1906, Mrs. Massey filed a bill in the chancery court of Newton county, seeking a divorce from her…

2Cases cited2 opinions

  1. Garland v. GarlandMississippi Supreme Court · 1874
  2. Scott v. ScottMississippi Supreme Court · 1895

3Cited by6 opinions

  1. Brown v. BrownMississippi Supreme Court · 1990
  2. Felder Et Ux. v. Felder's EstateMississippi Supreme Court · 1943
  3. JONES (WHEELER) v. JonesMississippi Supreme Court · 1964
  4. Joneson v. JonesonSupreme Court of Iowa · 1960
  5. Di Iorio v. Di IorioNew Jersey Superior Court Appellate Division · 1991

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