Beresford v. Marble
Mississippi Supreme Court
From the chancery court of, first district, Hinds county. BEon. G. Garland Lybll, Chancellor. Beresford and others, appellants, were complainants in the court below; Marble and others, appellees, were defendants there. From a decree sustaining the demurrer of the defendants to the bill of complaint and dismissing the suit the complainants appealed to' the supreme court.
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From the chancery court of, first district, Hinds county. BEon. G. Garland Lybll, Chancellor. Beresford and others, appellants, were complainants in the court below; Marble and others, appellees, were defendants there. From a decree sustaining the demurrer of the defendants to the bill of complaint and dismissing the suit the complainants appealed to' the supreme court. The bill of complaint alleged that one Mrs. Fannie Beresford, mother of the complainants, conveyed certain land by deed executed in December, 1878, to the individuals composing the partnership of Richardson & May, and by a…
1Opinion of the Court
Whiteield, G. T.,
delivered tbe opinion of tbe court.
We think it is clear in tbis case tbat tbe complainants in tbis bill might bave brought ejectment for tbe land against tbe tenants in possession, under Code .1892, § 1626, Code 1906, § 1801, and tbat, tbat remedy being open, tbe statute of limitations did run against their claim, and tbat they are barred. Tbis was distinctly held in Lindenmayer v. Gunst, 70 Miss. 693, 13 South. 252, 35 Am. St. Rep. 685, and tbis particular bolding was approved in Robinson v. Moore, 76 Miss. 100, 23 South. 631. Tbe cases cited in tbe very able brief óf tbe…
2Cases cited2 opinions
- Robinson v. MooreMississippi Supreme Court · 1898
- Lindenmayer v. GunstMississippi Supreme Court · 1893
3Cited by1 opinion
- King v. ChildressMississippi Supreme Court · 1958