Barry v. Barry
Mississippi Supreme Court
Appeal from the Chancery Court of Le Flore County. HoN. R. W. WilliamsoN, Chancellor. In September, 1885, Mrs. Sallie F. Barry filed this bill against her son, W. S. Barry, and his wife, Berenice Barry.
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Appeal from the Chancery Court of Le Flore County. HoN. R. W. WilliamsoN, Chancellor. In September, 1885, Mrs. Sallie F. Barry filed this bill against her son, W. S. Barry, and his wife, Berenice Barry. The bill alleges that W. S. Barry, Sr., died in 1868, and left a will, by which his estate was given to complainant in trust for herself and her son, W. S. Barry; that she assumed the control and direction of the property, which consisted of a plantation and appurtenances, and improved the same greatly, using her own means therein; that with the profits accruing she purchased a certain tract…
1Opinion of the CourtCooper, C. J.
Complainant seeks by her bill the specific performance of an inseparable and indivisible contract entered into by the defendant, W. S. Barry. A part of the subject-matter of this contract (the Wilson land) has been by him conveyed, first to the complainant and then by a subsequent voluntary conveyance to his wife, the appellant. It is true this voluntary conveyance was executed before the contract was made of which specific performance is sought, and that the appellant is not a party to that contract, but she has at least the form of a conveyance to the whole interest, and is a necessary…
2Cases cited1 opinion
- Taylor v. SmithMississippi Supreme Court · 1876
3Cited by1 opinion
- Thames v. MangumMississippi Supreme Court · 1905