Cain v. Barnwell
Mississippi Supreme Court
Appeal from chancery court of Jackson county. Hon. W. M. Denny, Jr., Chancellor. Proceeding between Mrs. W. Y. Chin and others and E. B: Barnwell and others. Judgment for the latter, and the former appeal. Affirmed.
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Appeal from chancery court of Jackson county. Hon. W. M. Denny, Jr., Chancellor. Proceeding between Mrs. W. Y. Chin and others and E. B: Barnwell and others. Judgment for the latter, and the former appeal. Affirmed. In view of the information which the court already has conserning the matters presented in this appeal, from the consideration of the facts and arguments in the case of IT7. M. Gain et .al. v. Barmoell, No. 21286, now pending and the decision of the former appeal of that case as reported in 120 Miss. 209, 82 So. 65, we do not see that an extended discussion of the case is now…
1Opinion of the CourtSykes, J.
This suit is in reality a companion suit to that of Cain v. Barnwell, which has twice been here on appeal; the first opinion of the court being reported in 120 Miss. 209, 82 So. 65, the second opinion, by Division B, rendered on March 21st, 87 So. 481, not yet [officially] reported.
In that case the court held that under sections 5086 and 5087, Code of 1906 (sections 3374 and 3375, Hemingway’s Code), where a husband of a testatrix did not possess a separate estate at the death of his wife, who devised land, *869constituting the exempt property of both, to others than her husband, and made no…
2Cases cited3 opinions
- Gordon v. JamesMississippi Supreme Court · 1905
- Caine v. BarnwellMississippi Supreme Court · 1919
- Williams v. WilliamsMississippi Supreme Court · 1916
3Cited by4 opinions
- Marx v. HaleMississippi Supreme Court · 1922
- Williams v. GoochMississippi Supreme Court · 1950
- Bullock v. HarperMississippi Supreme Court · 1970
- McBride v. HaynesMississippi Supreme Court · 1971