Cooper v. Fox
Mississippi Supreme Court
From the chancery court of Lawrence county.- Hon. Warren Cowan, Chancellor. The facts are sufficiently stated in the opinion. Before complainants can obtain partition they must show; (1) that Mrs. Prestidge died seised and possessed of the land,' and (2) that complainants and defendants have a joint interest in the land. If they fail on either of these points, they lose.
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From the chancery court of Lawrence county.- Hon. Warren Cowan, Chancellor. The facts are sufficiently stated in the opinion. Before complainants can obtain partition they must show; (1) that Mrs. Prestidge died seised and possessed of the land,' and (2) that complainants and defendants have a joint interest in the land. If they fail on either of these points, they lose. The testimony of impartial and disinterested witnesses establishes that John W. Prestidge and William Cooper took possession of the land in their own right, and paid the administrator, Dickerson, for it. They have occupied…
1Opinion of the CourtCooper, J.
The complainants and defendants are heirs-at-law of Mrs. Anna Prestidge, who died intestate, in December, 1873. The petition is filed for partition of certain lands, which it is alleged descended to the parties by the death of Mrs. Prestidge. The defendant, Mrs. Cooper, is the daughter, and the defendants, William Prestidge and Mrs. More, are the grandchildren of Mrs. Anna Prestidge, the two latter being children of John Prestidge, deceased, who was a son of Anna.
The land described in the petition consists of a single tract, but it is intersected by Fair river, about two-thirds being upon the…
2Cases cited4 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Mattair v. PayneSupreme Court of Florida · 1876
- Nugent v. PowellMississippi Supreme Court · 1885
- Shearer v. WinstonMississippi Supreme Court · 1857
3Cited by4 opinions
- Gerald W. Scafidi v. Jo Ann S. HilleMississippi Supreme Court · 2015
- Baker v. RichardsonMississippi Supreme Court · 1909
- Baca v. AnayaNew Mexico Supreme Court · 1908
- Claughton v. ClaughtonMississippi Supreme Court · 1892