Metcalfe v. Brandon
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson. County. Hon. J. B. Chrisman, Judge. Tbe case is stated in the opinion of the court. It is manifest, from the testimony introduced by defendant, that plaintiff A. S. Brandon acquired no title by the supposed deed from W. W. Semple. The testimony of W. W. Semple is positive, direct, and not contradicted, that there was never an actual or implied delivery of the deed from himself to A. S. Brandon.
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Appeal from the Circuit Court of Wilkinson. County. Hon. J. B. Chrisman, Judge. Tbe case is stated in the opinion of the court. It is manifest, from the testimony introduced by defendant, that plaintiff A. S. Brandon acquired no title by the supposed deed from W. W. Semple. The testimony of W. W. Semple is positive, direct, and not contradicted, that there was never an actual or implied delivery of the deed from himself to A. S. Brandon. On this question, the language of our Supreme Court, in 56 Miss. 390, is that: “The final and complete act which makes a deed effectual is delivery. Whilst…
1Opinion of the CourtChalmers, J.
Robert Semple conveyed to his son, W. W. Semple, a half interest in Desart plantation, in Wilkinson County, by deed absolute upon its face, but under a parol trust that the grantee should hold for the benefit of the grantor’s daughter, Mrs. Kate Metcalfe, who was in possession of the plantation at the time, -but to whom it was not thought advisable to convey directly, because of the fact that she was in debt.
Subsequently the grantee, W. W. Semple, likewise became involved in debt, and under the advice of the father, and in order to preserve the property for Mrs. Metcalfe, put upon record a…
2Cases cited2 opinions
- Bullitt, Miller & Co. v. Taylor & RichardsonMississippi Supreme Court · 1858
- Metcalf v. BrandonMississippi Supreme Court · 1881
3Cited by5 opinions
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- Railey v. CommissionerUnited States Board of Tax Appeals · 1937
- Hall v. WaddillMississippi Supreme Court · 1900
- Brown v. Long Bell Co.Mississippi Supreme Court · 1925