Parmele v. McGinty
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. All the material facts in this case are fully stated in the-opinion of the court. The error assigned is as follows : ‘ ‘ The court erred in dismissing the bill. A decree should have been entered in favor of complainant, according to the prayer of the bill.” The original sale by the guardian of the land in controversy is conceded to have been void.
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Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. All the material facts in this case are fully stated in the-opinion of the court. The error assigned is as follows : ‘ ‘ The court erred in dismissing the bill. A decree should have been entered in favor of complainant, according to the prayer of the bill.” The original sale by the guardian of the land in controversy is conceded to have been void. Lidia Parmele was born September 7, 1834; she married February 9, 1851; she arrived at age September 7, 1855-; her mother died in 1844 ; McGinty sold the land, January 13,…
1Opinion of the CourtSimrall, C. J.
It is conceded that the sale made by the probate court, at "the instance of Robert McGinty, guardian, was void. The defendants, who derain title by mesne conveyances from the purchaser at the guardian’s sale, rely upon the statutes of limitations of five and ten years in bar of the relief.
The complainant’s title is this: In 1836 George W. Ball conveyed to R. J. McGinty the property described in the pleadings, in trust for the use of Joseph R. Kirby, Mariah Kirby, and Lidia P. McGinty (now Mrs. Parmele, the complainant), children of Hannah, the sister of the grantor, mother of the cestui que…
2Cases cited12 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Eager v. CommonwealthMassachusetts Supreme Judicial Court · 1808
- Huntington v. AllenMississippi Supreme Court · 1870
- Ford v. WilsonMississippi Supreme Court · 1858
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3Cited by5 opinions
- Kendrick v. Wheeler and BowmanTexas Supreme Court · 1892
- Eckford v. EvansMississippi Supreme Court · 1878
- Nanny v. AllenTexas Supreme Court · 1890
- Dyer v. WilliamsMississippi Supreme Court · 1884
- Bowen v. DuncanMississippi Supreme Court · 1886