DeWitt v. Gilleylen
Mississippi Supreme Court
From the chancery court of Monroe county. Wiley H. Clieton, Esq., a member of the bar, presided as special chancellor by agreement of the parties. Hon. Baxter McFarland, chancellor, having been of counsel, was disqualified.' On September 12, 1882, under a decree in a partition proceeding in the chancery court of Monroe county, certain land, in which the appellants were tenants in common, was sold for a division of proceeds.
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From the chancery court of Monroe county. Wiley H. Clieton, Esq., a member of the bar, presided as special chancellor by agreement of the parties. Hon. Baxter McFarland, chancellor, having been of counsel, was disqualified.' On September 12, 1882, under a decree in a partition proceeding in the chancery court of Monroe county, certain land, in which the appellants were tenants in common, was sold for a division of proceeds. The sale was reported to the court, and approved March 12, 1883. At the sale the appellee, H. S. Gilleylen, who was complainant in the partition suit, purchased the land.…
1Opinion of the CourtWoods, J.
Bills for partition, at common law, were of infrequent occurrence, and applicable only in a solitary case — in proceedings for division of lands held in coparcenary. Bnder our laws, partition of lands held by joint-tenants, tenants in common and coparceners having an estate in possession, *327and not in inversion or remainder, whether the joint interest be in the freehold or in a tenn of years not less than five, may be made by a decree of the chancery court. Adults, minors and persons non compotes mentis may all be parties •complainants or respondents, and the title as well as right ■of…
2Cited by6 opinions
- Foster v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1895
- Gilleylen v. MartinMississippi Supreme Court · 1896
- Kittrell v. O'FlynnMississippi Supreme Court · 1948
- Pennington v. PurcellMississippi Supreme Court · 1929
- Hollingsworth v. Central Oil Co.Mississippi Supreme Court · 1959
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