Legal Opinion

Jones v. Smith

Mississippi Supreme Court

Decided April 15, 1857PublishedCited by 5 opinions

Appeal from the District Chancery Court of Holly Springs. Hon. James F. Trotter, vice-chancellor. The substance of the pleadings is fully set out in the opinion of the court. The evidence in the cause is substantially as follows: POR COMPLAINANTS. Josiah J. Hill.

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Appeal from the District Chancery Court of Holly Springs. Hon. James F. Trotter, vice-chancellor. The substance of the pleadings is fully set out in the opinion of the court. The evidence in the cause is substantially as follows: POR COMPLAINANTS. Josiah J. Hill. The property purchased by Smith on the plantation of Lewelling was worth, at the time of purchase, negroes, $24,300; land, $3840; other property, $2367, making $30,507. Was overseer from January, 1850, to August, 1851. Mrs. Jones lived with Cheairs, one-quarter of a mile from the place. Visited the place twice a week before the…

1Opinion of the CourtHandy, J.

This was a bill in chancery, filed by the appellants, for the purpose of setting aside an agreement, made between the appellant’s wife and the defendant Smith, under which the defendants claim title to certain personal and real estate.

The allegations of the bill are in substance, that the appellant’s wife had been the wife of one S. W. Lewelling, who died in Memphis, Tennessee, in February, 1851, leaving a will, by which he gave all his property to his wife after the payment of his debts, and appointed the defendant Cheairs his executor; which will was probated in Tennessee, and Cheairs…

2Cited by5 opinions

  1. Kinne v. WebbCourt of Appeals for the Eighth Circuit · 1893
  2. Scheftel v. HaysCourt of Appeals for the Eighth Circuit · 1893
  3. Axton v. CarterIndiana Supreme Court · 1895
  4. Clopton v. ElkinMississippi Supreme Court · 1873
  5. Temples v. CainMississippi Supreme Court · 1882

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