Lee v. McMorries
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Suit by Edwin McMorries, trustees, against Blewett Lee, and others. From a decree in favor of complainant, defendant appeals. The facts are fully stated in the opinion of the court. Counsel for appellee takes the position that the failure to support in accordance with the agreement expressed in the deed is a failure of consideration. This, I contend is not so.
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Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Suit by Edwin McMorries, trustees, against Blewett Lee, and others. From a decree in favor of complainant, defendant appeals. The facts are fully stated in the opinion of the court. Counsel for appellee takes the position that the failure to support in accordance with the agreement expressed in the deed is a failure of consideration. This, I contend is not so. I think that Mrs. Daly would have given Mrs. McCarthy the property without any promise from her to support Mrs. Daly and I do not believe that this…
1Opinion of the CourtReed, J.
Mrs. Annie Daly, an elderly lady, on July 10, 1909, executed a deed conveying to her granddaughter, Miss Annie Louis Foley, certain real estate in the city of Meridian. The consideration is stated in the deed in the following words:
“Whereas, my granddaughter, Annie Louis Foley, has for a long time devoted herself to the affectionate care of me in sickness and in health, and in further consideration that she is to take me to the home hereinafter described and to care for me, as she has heretofore done, until I die, and in further consideration of the love and affection I hear to said…
2Cases cited3 opinions
- Dixon v. MillingMississippi Supreme Court · 1912
- Peters v. TunellSupreme Court of Minnesota · 1890
- Burroughs v. BurroughsSupreme Court of Alabama · 1909
3Cited by11 opinions
- Hickey v. ANDERSONMississippi Supreme Court · 1951
- Leggett v. GrahamMississippi Supreme Court · 1969
- OLMSTEAD ET UX. v. OlmsteadMississippi Supreme Court · 1958
- Lowrey v. LowreyMississippi Supreme Court · 1916
- Brooks v. BrooksMississippi Supreme Court · 1927
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