Legal Opinion

Hill v. Nash

Mississippi Supreme Court

Decided March 15, 1896PublishedCited by 11 opinions

From tbe chancery court of Yalobusha county. Hon. B. T. Kimbrough, Chancellor. The facts are stated in the opinion of the court. The bill, before amendment, would necessarily have been dismissed. Complainant must be the real owner, and satisfy the chancellor that the adverse claim is shadowy, etc. Watson v. Tusten, 49 Miss., 575; Griffins.

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From tbe chancery court of Yalobusha county. Hon. B. T. Kimbrough, Chancellor. The facts are stated in the opinion of the court. The bill, before amendment, would necessarily have been dismissed. Complainant must be the real owner, and satisfy the chancellor that the adverse claim is shadowy, etc. Watson v. Tusten, 49 Miss., 575; Griffins. Harrison, 52 Miss., 826; Handy v. Noonan, 51 Miss., 170. Complainant must show clearly the invalidity of his opponent’s title, and the validity of his own. Handy v. Noonan, sup'a; Railroad Go. v. Neighbors, 51 Miss., 420. A bill is not maintainable if it…

1Opinion of the CourtWoods, J.

The appellees exhibited their bill in the chancery court of Yalobusha county for cancellation, as a cloud upon their title to the land in question, of the conveyances under which appellant claims, and praying for rents and general relief. They allege that they are the only children and heirs at law of Mrs. N. J. Ragan, who died February 1, 1879, seized and possessed of this land, and that they inherited the property from their mother, and are now the owners thereof in fee simple. They set forth the deraignment of their title ‘ ‘ as fully as is now possible, ’ ’ in the language of the bill,…

2Cases cited1 opinion

  1. Stewart v. RossMississippi Supreme Court · 1874

3Cited by11 opinions

  1. Hans v. HansMississippi Supreme Court · 1986
  2. Joel v. JoelMississippi Supreme Court · 2010
  3. Continental Oil Company v. WalkerMississippi Supreme Court · 1960
  4. Smith v. SmithMississippi Supreme Court · 1951
  5. Lake v. PerryMississippi Supreme Court · 1909

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