Legal Opinion

Guice v. Sellers

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 5 opinions

Error to the circuit court of Hinds County. Watts, J. In 1864, Mrs. Helen J. Kinnison, widow of Abner Kinnison, who died in 1863, made a deed of her interest in certain lands of which her husband died seized, to Nathaniel Kin-, nison, but with covenants of general warranty of the title. Nathaniel Kinnison held possession of the land under a contract of purchase from Abner Kinnison, in his life-time, and is still in possession.

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Error to the circuit court of Hinds County. Watts, J. In 1864, Mrs. Helen J. Kinnison, widow of Abner Kinnison, who died in 1863, made a deed of her interest in certain lands of which her husband died seized, to Nathaniel Kin-, nison, but with covenants of general warranty of the title. Nathaniel Kinnison held possession of the land under a contract of purchase from Abner Kinnison, in his life-time, and is still in possession. The consideration for this conveyance was twenty-five hundred dollars, secured by two notes of Nathaniel, for twelve hundred and fifty dollars each, one of which he…

1Opinion of the Court

Simrall, J.:

The plaintiff in error was sued on a promissory note by Sellers and wife, and gave notice that under the general issue, testimony would be offered to prove that Mrs. Sellers sold and conveyed her dower, interest or title, to defendant’s intestate; that she had no title to the lands, nor any dower, title or interest, and that therefore the note was void. The defendant offered in evidence, the deed of Mrs. Sellers (then widow Kinnison), to the intestate, which deed contained general covenants of warranty, and proposed to prove that in point of fact Mrs. Sellers had no title to the…

2Cited by5 opinions

  1. Wahl v. SchmidtIllinois Supreme Court · 1923
  2. Higgins v. DriggsSupreme Court of Florida · 1884
  3. Simon v. WilliamsMississippi Supreme Court · 1925
  4. Salter v. PolkMississippi Supreme Court · 1935
  5. Wayne Realty & Investment Co. v. WhittenSupreme Court of Florida · 1925

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