Kennington v. Hemingway
Mississippi Supreme Court
Appeal from tbe chancery court of Hinds county. Hon. ,Gr. G-. Lyell, Chancellor. Suit by R. E. Kennington against T. W. Hemingway et al. Prom a decree dismissing the bill, complainants appeal. In 1882 T. W. Hemingway married Mrs. E. L. Catchings, and they lived together as husband and wife until 1907, when they were divorced.
Read the full summary
Appeal from tbe chancery court of Hinds county. Hon. ,Gr. G-. Lyell, Chancellor. Suit by R. E. Kennington against T. W. Hemingway et al. Prom a decree dismissing the bill, complainants appeal. In 1882 T. W. Hemingway married Mrs. E. L. Catchings, and they lived together as husband and wife until 1907, when they were divorced. In the year 1903, while they were living together, and while Hemingway was solvent and in a prosperous condition, he gave his wife a diamond ring worth about seven hundred dollars, which she kept after they were divorced, with his full knowledge and consent, and which…
1Opinion of the CourtSmith, J.
One of the questions presented by this record, and which, if answered in the affirmative, will dispose of the whole case, is this: Is a gift by a husband to the wife of a personal ornament — in this instance, a diamond ring — “valid as against any third-person,” when such gift is not evidenced by a written instrument, acknowledged and recorded as provided by section 2294 of the Code of 1892, the same being section 2522 of the Code of 1906? In the case at bar the ring was given to the wife eight years prior to the institution of this suit, at a time when the husband was solvent, and without…
2Cases cited4 opinions
- State Board of Education v. Mobile & Ohio RailroadMississippi Supreme Court · 1894
- Gregory v. DoddsMississippi Supreme Court · 1882
- New Orleans, Jackson, & Great Northern Railroad v. HemphillMississippi Supreme Court · 1858
- Ingraham v. SpeedMississippi Supreme Court · 1855
3Cited by42 opinions
- Baker v. StateMississippi Supreme Court · 1976
- Gandy v. Pub. Serv. Corp. of Miss.Mississippi Supreme Court · 1932
- Zeigler v. ZeiglerMississippi Supreme Court · 1935
- Huber v. FreretMississippi Supreme Court · 1925
- Gunter v. City of JacksonMississippi Supreme Court · 1922
37 more not listed; retrieve them via the Exa API.