French v. McAndrew
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. FIon. L. Haitghton, Chancellor. Mattie McAndrew filed her bill on January 12, 1881, alleging that she and her adult sister, Mary A. Hubbard, were the only heirs of A. G. Powell; that after their father’s death they, with their mother, who had married again, conveyed town lots, which they inherited, to A. H. French, who paid her mother and step-father for them much less than their value; that the complainant was an infant on…
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Appeal from the Chancery Court of Monroe County. FIon. L. Haitghton, Chancellor. Mattie McAndrew filed her bill on January 12, 1881, alleging that she and her adult sister, Mary A. Hubbard, were the only heirs of A. G. Powell; that after their father’s death they, with their mother, who had married again, conveyed town lots, which they inherited, to A. H. French, who paid her mother and step-father for them much less than their value; that the complainant was an infant on October 23, 1876, and on January 18,1877, when, yielding to the persuasions of her mother and French, she, in ignorance of…
1Opinion of the CourtCooper, J.
We concur in the finding of the Chancellor, that Mrs. McAndrew was entitled to the cancellation of the conveyances made by her during minority. The effect of the disaffirmance by her is to render the conveyance void ab initio by relation, and to entitle her to charge the purchaser for rents during the whole time that he occupied the property, claiming under her deeds. Wustar v. Tropfield’s Heirs, 15 Gratt. 329 ; Tucker v. Moreland, 10 Peters 71; Moore v. Jones, 24 Ala. 420. But the defendant by the conveyances acquired the title of Mrs. Hubbard, who was the co-tenant of the complainant, and…
2Cases cited4 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Mustard v. Wohlford's heirsSupreme Court of Virginia · 1859
- Weaver v. JonesSupreme Court of Alabama · 1854
- Hardie v. ChrismanMississippi Supreme Court · 1882
3Cited by7 opinions
- McLemore v. AndersonMississippi Supreme Court · 1907
- Bower v. Chess & Wymand Co.Mississippi Supreme Court · 1903
- Webb v. Mobile & Ohio RailroadMississippi Supreme Court · 1913
- Barron v. EasonMississippi Supreme Court · 1946
- Jones v. TaylorMississippi Supreme Court · 1930
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