Prestidge v. Cooper
Mississippi Supreme Court
Appeal from the Chancery Court of Lawrence' County. Hon. John E. McNair, Chancellor. 1. The bill alleges a legal title in the complainant, but does not show him to have been the real owner within the meaning of the law, so as to entitle him to maintain a bill to remove clouds. It does not allege that the complainant is in possession. His remedy, if any, on the case made by the bill, is at law.
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Appeal from the Chancery Court of Lawrence' County. Hon. John E. McNair, Chancellor. 1. The bill alleges a legal title in the complainant, but does not show him to have been the real owner within the meaning of the law, so as to entitle him to maintain a bill to remove clouds. It does not allege that the complainant is in possession. His remedy, if any, on the case made by the bill, is at law. Huntington v. Allen, 44 Miss. 654. 2. The bill admits that Robert Prestidge had, by deed signed, sealed, delivered and recorded, conveyed the property in controversy to his children one month before the…
1Opinion of the Court · ChalmersChalmers, J.
In 1860, Robert Prestidge, in fraud of his creditors, made a voluntary conveyance of all his property, consisting of lands and slaves, to his two infant children, and at once recorded the deed. One month thereafter, he sold the same property to Cooper and another for a full price, receiving payment. These vendees took possession, and have since remained in possession, except as to a portion of the land, of which they were deprived by a superior title. Cooper, having acquired *77the interest of bis partner, files tbis bill, alleging that Robert Prestidge being now dead, his daughter (his sole…
Also in this document: Opinion of the Court · Chalmers.
2Cases cited5 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Fowler v. StoneumTexas Supreme Court · 1854
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
- Foster v. WaltonSupreme Court of Pennsylvania · 1836
- McGuire v. MillerSupreme Court of Alabama · 1849
3Cited by2 opinions
- Morgan v. SaulsMississippi Supreme Court · 1982
- Simmons v. IngramMississippi Supreme Court · 1883