Stewart v. Ross
Mississippi Supreme Court
Appeal from the Chancery Court of the First District of Hinds County. Hon. E. W. Cabaniss, Chancellor. This was a bill filed by Stewart and McOutchen against William E. Eoss, Joshua and Thomas Green, D. N. Barrows and Geo. A. Smythe; and also against W. B. Eoss, Marion S. Eoss and James B. Eoss, minors, children of W. E. Eoss and Marion SEoss, deceased.
Read the full summary
Appeal from the Chancery Court of the First District of Hinds County. Hon. E. W. Cabaniss, Chancellor. This was a bill filed by Stewart and McOutchen against William E. Eoss, Joshua and Thomas Green, D. N. Barrows and Geo. A. Smythe; and also against W. B. Eoss, Marion S. Eoss and James B. Eoss, minors, children of W. E. Eoss and Marion SEoss, deceased. Stewart owned an interest in a judgment for $6,369, rendered in the circuit court of Hinds, on the 21st day of November,. 1867, against W. E. Eoss; and McCutchen owns a judgment rendered in said court on the 20th day of May, 1868, against said…
1Opinion of the CourtSimrall, J.
So much of the original bill as sought a cancellation of the conveyances which vested the property in Mrs. Boss has been abandoned, and the controversy on the part of the appellants, judgment creditors of W. E. Eoss, is limited to an effort to establish a life estate in him to the land as tenant by the curtesy, and to subject that to their judgments.
The novel and important question has been ably argued by counsel, whether, under existing statutes, W. E. Eoss took an estate by curtesy in the lands?
Mrs. Eoss acquired the lands, by purchase and conveyance, in 1870. She diedjn 1871, having made a…
2Cases cited6 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
- Clark v. ClarkNew York Supreme Court · 1857
- Ellsworth v. CookNew York Court of Chancery · 1841
- Hurd v. CassNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hill v. NashMississippi Supreme Court · 1896
- Neelly v. LancasterSupreme Court of Arkansas · 1886
- Day v. BurgessTennessee Supreme Court · 1918
- Miller v. HannaNebraska Supreme Court · 1911
- Taylor v. SmithMississippi Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.