Legal Opinion

Russell v. Watt

Mississippi Supreme Court

Decided April 15, 1868PublishedCited by 6 opinions

Error to the Chancery Court of Carroll county. ELon. Wm. Cothran, chancellor. The error complained of in this case is, that the chancellor sustained the demurrer of the defendants, and dismissed the bill filed by the plaintiffs in error. The material facts, as alleged in the bill, are: That in the year 1848, Wm. Booth made a gift of the land described to his daughter, Mrs. M. E. Russell, as a marriage portion, and placed her in possession of the same.

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Error to the Chancery Court of Carroll county. ELon. Wm. Cothran, chancellor. The error complained of in this case is, that the chancellor sustained the demurrer of the defendants, and dismissed the bill filed by the plaintiffs in error. The material facts, as alleged in the bill, are: That in the year 1848, Wm. Booth made a gift of the land described to his daughter, Mrs. M. E. Russell, as a marriage portion, and placed her in possession of the same. That complainants made valuable and permanent improvements thereon, and continued in possession until the sale to Jack Moore, which occurred in…

1Opinion of the CourtJeeeokds, J.

The bill in this case alleges: That in the year 1860, Mary E. Russell was the owner in her separate right, and held as her separate property, under the laws of this State, certain real estate, with the buildings thereon, lying in the county of Carroll ; that the said lands were given to her by William Booth, her father, as a marriage portion ; that said Booth neglected to execute a deed for said lands to his daughter, Mrs. Russell, and never made any written conveyance of the legal title, or any written memorandum of said gift, until called on by Russell and wife to make a deed £o one Jack…

2Cases cited1 opinion

  1. Holloway v. EllisMississippi Supreme Court · 1852

3Cited by6 opinions

  1. Johns v. SeeleySupreme Court of Florida · 1927
  2. Rutland v. BristerMississippi Supreme Court · 1876
  3. Geeen v. MizelleMississippi Supreme Court · 1876
  4. Davis v. PearsonMississippi Supreme Court · 1870
  5. Kelly v. RubleOregon Supreme Court · 1883

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