Kelly v. Covington
Mississippi Supreme Court
Appeal from the chancery court of Union eonnty. IioN. A. J. MgINTyee, Chancellor. Snit by Mrs. A. L. Covington against L. S. Tally. From a decree for complainant, defendant appeals. ' The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Union eonnty. IioN. A. J. MgINTyee, Chancellor. Snit by Mrs. A. L. Covington against L. S. Tally. From a decree for complainant, defendant appeals. ' The facts are fully stated in the opinion of the court. A careful comparison of this instrument and the evidence offered by appellant with that of certain instruments held to he testamentary in character will clearly show the difference in this and those writings and will show under the weight of authority that this instrument should be construed as a deed. The evidence here offered hut which was excluded by the…
1Opinion of the CourtSykes, J.
The appellee, Mrs. A. L. Covington, filed a' bill in the chancery court against the appellant, L. S. Kelly, to cancel an instrument of writing signed by Mrs. A. B. Payne, which instrument will be fully set out herein below. Some time subsequent to the execution of this instrument Mrs. Payne by deed conveyed the lands involved in this controversy to the appellee. The lower court sustained the prayer of the bill, from which decree this appeal is prosecuted.
The only point at issue is whether or not this instrument of writing below set out conveyed any interest whatever in the lands in question…
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