Legal Opinion

Eskridge v. Eskridge

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 6 opinions

Appeal from the Chancery Court of Montgomerg County. Hon. D. P. Coffey, Chancellor. The appellant claimed title to the land on which the alleged waste was committed, under a deed made by appellee on the 7th: of April, 1866, by which appellee conveyed to appellant all the fight, title and interest that he had in the real and personal estate of T. Eskridge, deceased.

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Appeal from the Chancery Court of Montgomerg County. Hon. D. P. Coffey, Chancellor. The appellant claimed title to the land on which the alleged waste was committed, under a deed made by appellee on the 7th: of April, 1866, by which appellee conveyed to appellant all the fight, title and interest that he had in the real and personal estate of T. Eskridge, deceased. The bill, after stating the possession of appellant under said deed, states that the appellee had entered and is now cutting down, injuring and destroying trees, and using the timber thereon, and building a house or houses thereon,…

1Opinion of the CourtSimrall, J.

The complainant, B. R. Eskridge, claims to be the owner of certain parcels of land described in his bill, by purchase from S. B. Eskridge, in April 1866. The deed purports to convey the interest of the vendor in the estate of T. Eskridge, deceased.

In 1872 these lands were divided under a decree of the chance*525ry court, among the heirs of the deceased, when share No. 6 was allotted to S. B. Eskridge. In November, 1873, S. B. Eskridge entered upon the lands, and commenced an improvement, by cutting down the forest, building houses, etc. The complainant insists that he acquired title to these…

2Cases cited1 opinion

  1. Livingston v. ReynoldsNew York Supreme Court · 1841

3Cited by6 opinions

  1. Ashurst v. McKenzieSupreme Court of Alabama · 1890
  2. Lee v. NewmanMississippi Supreme Court · 1877
  3. Davis v. ButlerMississippi Supreme Court · 1922
  4. Georgia Southern Railroad v. BigelowSupreme Court of Georgia · 1881
  5. Bedford v. BurtonSupreme Court of the United States · 1882

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