Ross v. Nesmith
Mississippi Supreme Court
Ejectment by appellee, Mrs. E. O. Ross, against appellants, to recover possession of the lands in Claiborn county, described in the declaration. From verdict and judgment for defendants, plaintiff appeals. It appears from the evidence and the admitted facts that Adam Gordon died in 1836, leaving a last will and testament.
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Ejectment by appellee, Mrs. E. O. Ross, against appellants, to recover possession of the lands in Claiborn county, described in the declaration. From verdict and judgment for defendants, plaintiff appeals. It appears from the evidence and the admitted facts that Adam Gordon died in 1836, leaving a last will and testament. He had owned a large tract of land in Claiborn county, which he sold before his death to one Passmore iloopes for a sum aggregating nearly $100,000, taking in payment a residence, not in controversy, and one note for $46,000, and'four other notes of $14,000 each, reserving a…
1Opinion of the Court
Opinion.
Cooper, J.:
It appears from the admitted facts that J ames E. Calhoun and Christiana Gordon were married before the death of Adam Gordon, the testator. The interest of Mrs. Calhoun, therefore, under the will of her father, accrued to her after her marriage, and in such cases the property, before the passage of the Act of 1839 in relation to the property of married women, passed absolutely to the husband, whether reduced to possession or not during the coverture. Wade v. Grimes, 7 How. 425; Harper v. Archer, 4 S. & M. 99; Clarke v. McCreary, 12 S. & M. 347; Cook v. Lindsey, 34 Miss.…
2Cases cited1 opinion
- Cook v. LindseyMississippi Supreme Court · 1857