Legal Opinion

Wyatt v. Wyatt

Mississippi Supreme Court

Decided October 15, 1902PublishedCited by 13 opinions

From the chancery court of Holmes county. Hon. Stone Deavours, chancellor. Mrs. Wyatt, appellant, was complainant in the court below; James B. Wyatt and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The opinion states the case.

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From the chancery court of Holmes county. Hon. Stone Deavours, chancellor. Mrs. Wyatt, appellant, was complainant in the court below; James B. Wyatt and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The opinion states the case. The receipt and appropriation by the husband to his own use of the property of the wife, which constituted him her debtor, is without limit in point of time on her right to sue and recover, except as to one year’s interest. This right is given and controlled wholly by § 2292 of the code of…

1Opinion of the CourtTerral, J.

In January, 1899, F. A. Wyatt died intestate, leaving real estate, the title to which was in his own name, aggregating about 1,700 acres of land, known as “Oregon Plantation”; leaving also, as his heirs,.his widow [appellant], and four children by a former wife. Appellant brought suit in the nature of a proceeding against appellees for the partition of said plantation, and appellees set up in bar of her recovery of any part of said plantation a renunciation and waiver of any claim thereto executed by her to her husband in consideration of two promissory|notes made by him to her aggregating…

2Cases cited5 opinions

  1. Daniels v. DanielsSupreme Court of Colorado · 1886
  2. Dozier v. EllisMississippi Supreme Court · 1855
  3. Smith v. McWhorterMississippi Supreme Court · 1896
  4. Thomson v. HesterMississippi Supreme Court · 1878
  5. Massey v. RimmerMississippi Supreme Court · 1892

3Cited by13 opinions

  1. Ayers v. PetroMississippi Supreme Court · 1982
  2. Kirby v. KentMississippi Supreme Court · 1935
  3. Kirkland v. KirklandSupreme Court of Alabama · 1938
  4. Huntington v. PerrinCalifornia Court of Appeal · 1923
  5. Beaman v. BeamanMississippi Supreme Court · 1907

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