Chapman v. Sims
Mississippi Supreme Court
Appeal, and cboss-appeal, from the Chancery Court of Hinds County. Hon. H. R. Wabe, Chancellor. J. H. Sims died on the 19th of April, 1860, leaving a widow and several minor children. He was seised and possessed of a tract of land, containing five hundred and forty acres, which he gave by last will and testament to his heirs-at-law. His brother, Thomas Sims, was appointed sole executor of the will.
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Appeal, and cboss-appeal, from the Chancery Court of Hinds County. Hon. H. R. Wabe, Chancellor. J. H. Sims died on the 19th of April, 1860, leaving a widow and several minor children. He was seised and possessed of a tract of land, containing five hundred and forty acres, which he gave by last will and testament to his heirs-at-law. His brother, Thomas Sims, was appointed sole executor of the will. On the thirtieth day of September, 1872, the children, devisees of J. H. Sims, deceased, filed their bill in chancery against Thomas Sims and others, alleging substantially as follows: At the…
1Opinion of the CourtCampbell, J.
The children of John H. Sims, deceased, who claim to be the real owners of certain land, which their father owned at his death, exhibited their bill in chancery, to vacate certain deeds as clouds on their title, alleging that Thomas Sims, executor of their father’s will, had by falsehood and fraud obtained an order of the Probate Court to sell the land, and that said order was void; but that said executor, proceeding under it, sold the land, and himself became the purchaser of it, at an inadequate price, through the intervention of another person, who bid off the land and received a deed from…
2Cases cited5 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- May v. Le ClaireSupreme Court of the United States · 1871
- Learned v. CorleyMississippi Supreme Court · 1871
- Cresson v. MillerSupreme Court of Pennsylvania · 1834
- Kerr v. FreemanMississippi Supreme Court · 1857
3Cited by23 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Tucker v. LeonardSupreme Court of Oklahoma · 1919
- Fox v. HallSupreme Court of Missouri · 1881
- Smith v. McClainIndiana Supreme Court · 1896
- Meyer v. MeyerMississippi Supreme Court · 1913
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