House v. Harden
Mississippi Supreme Court
Appeal from tlie Chancery Court of He Soto County. Hon. J. F. SlmmoNS, Chancellor. The facts in this case are very fully set forth in the opinion, of the court. It is assigned for error : 1. The court below improperly excluded the testimony of the complainant, Mrs. House. 2. The court erred in dismissing the bill and refusing relief to complainant. The bill states a case making a perfect resulting trust in the-land. The testimony of complainant proves it beyond all doubt.
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Appeal from tlie Chancery Court of He Soto County. Hon. J. F. SlmmoNS, Chancellor. The facts in this case are very fully set forth in the opinion, of the court. It is assigned for error : 1. The court below improperly excluded the testimony of the complainant, Mrs. House. 2. The court erred in dismissing the bill and refusing relief to complainant. The bill states a case making a perfect resulting trust in the-land. The testimony of complainant proves it beyond all doubt. This testimony was improperly suppressed. The case of Reinhardt v. Evans, 48 Miss., 230, is relied on to sustain this…
1Opinion of the CourtTaebell, J.
This proceeding was instituted to enjoin a suit at law and to «establish a resulting trust. The substance of the bill is as follows: Jane J. House, one of the complainants, previous do her intermarriage with her co-complainant, James House, was the second wife and widow of Isaac Osburn-, deceased, whose children and heirs by a prior marriage are defendants herein; she intermarried with Osburn in 1857, she being at the time a widow, and owning in her own right several negroes, a considerable amount of money and stock, and two tracts of land. Osburn was a man of limited means, owning a small…
2Cases cited4 opinions
- Gilliam v. BrownMississippi Supreme Court · 1871
- Young v. PowerMississippi Supreme Court · 1866
- Stephenson v. OsborneMississippi Supreme Court · 1866
- Hardin v. OsborneMississippi Supreme Court · 1871