Smith v. Cunningham
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Cunningham and others, appellees, were complainants in the court below; Smith, appellant, was defendant there. The suit was one to remove clouds from the titles to lands. From a decree in favor of the complainants the defendant appealed to the supreme court. Appellees claimed title to the land in controversy by inheritance from their father, M. B..
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From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Cunningham and others, appellees, were complainants in the court below; Smith, appellant, was defendant there. The suit was one to remove clouds from the titles to lands. From a decree in favor of the complainants the defendant appealed to the supreme court. Appellees claimed title to the land in controversy by inheritance from their father, M. B.. Cunningham, and contend that their father, in 1843, acquired the land by deed from one Wyatt Smith, who acquired the same from one Brittain Smith, the patentee from the United…
1Opinion of the CourtCalhooN, J.
Cunningham went into possession and performed every act characterizing ownership, and it was known as his land, and so called. He had some sort of claim by written instrument from Wyatt Smith. Brittain Smith recognized this, and claimed to have paid Wyatt a balance due on it from Cunningham, saying he had done it for his wife, who was Cunningham’s widow. This payment, of course, simply inured to the benefit of Cunningham’s heirs. If Brittain Smith desired to regard it as a lien *430on the land, he should have taken an assignment, and seasonably asserted it as a debt. Cunningham lived on the…
2Cases cited3 opinions
- Rothschild v. HatchMississippi Supreme Court · 1877
- Harvey v. BriggsMississippi Supreme Court · 1890
- Pickett v. Buckner, Newman & Co.Mississippi Supreme Court · 1871
3Cited by1 opinion
- Washington v. CrowsonMississippi Supreme Court · 1969