Watson v. Peebles
Mississippi Supreme Court
Appeal from the chancery court of Lowndes county. Hon. J. F. McCooi,, Chancellor. Suit by Mary Jeptha Watson against W. B. Peebles. From a decree dismissing the petition, plaintiff appeals.
Read the full summary
Appeal from the chancery court of Lowndes county. Hon. J. F. McCooi,, Chancellor. Suit by Mary Jeptha Watson against W. B. Peebles. From a decree dismissing the petition, plaintiff appeals. In April, 1902, the appellant, who was then Mary Jeptha Harris, filed a petition, by her mother and next friend, in the chancery court, alleging .that she was then eighteen years of age, and that it was to her best interest that she be made of age for the purpose of conveying certain real estate owned by her. The petition was granted — the decree reciting that her disabilities “are removed to this extent,…
1Opinion of the CourtSmith, C. J.
Appellant was not empowered by the decree partially removing her disabilities of minority to receipt for the purchase money of the land sold by her to her brother, nor to cancel, or to authorize the cancellation of the deed of trust securing it; consequently she is entitled to have this deed of trust foreclosed, even though the rights of innocent third parties will lie affected thereby, unless she has been guilty of such fraudulent conduct as will make it inequitable for the court to permit her to do so. There is no pretense that the purchase money was in fact paid, or that she made any…
2Cases cited8 opinions
- Brantley v. WolfMississippi Supreme Court · 1882
- Allen v. PooleMississippi Supreme Court · 1877
- Ferguson v. BoboMississippi Supreme Court · 1876
- Commander v. BrazilMississippi Supreme Court · 1906
- Upshaw v. GibsonMississippi Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson Motors, Inc. v. ColemanMississippi Supreme Court · 1970
- Dickerson v. WeeksMississippi Supreme Court · 1914
- Dudding v. PitmanSupreme Court of Oklahoma · 1929
- Ray v. Acme Finance Corp.Mississippi Supreme Court · 1979