Claughton v. Claughton
Mississippi Supreme Court
From the chancery court of Franklin county. Hon. Claude Pintard, Chancellor. James G. Claughton and others, appellees, exhibited this bill against ~W. S. P. Claughton and others, to obtain partition of certain land, which the bill alleges complainants and defendants, as heirs of Nancy Claughton, owned as tenants in common. Defendant, W. S. P. Claughton, is the surviving husband of Nancy Claughton, who died in 1888, and the remaining parties to the suit are her children.
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From the chancery court of Franklin county. Hon. Claude Pintard, Chancellor. James G. Claughton and others, appellees, exhibited this bill against ~W. S. P. Claughton and others, to obtain partition of certain land, which the bill alleges complainants and defendants, as heirs of Nancy Claughton, owned as tenants in common. Defendant, W. S. P. Claughton, is the surviving husband of Nancy Claughton, who died in 1888, and the remaining parties to the suit are her children. The real and only controversy in the case arises on the adverse claim of title set up by "W. S. P. Claughton, the husband.…
1Opinion of the CourtCampbell, C. J.
The objection that the chancery court did not have jurisdiction to try the disputed claim of title between the parties, because the defendant asserted title in himself, and denied the claim of the complainants, is without force, and receives no support from either case cited for it. On the contrary, it was distinctly announced in Nugent v. Powell, 63 Miss., 99, that the statute (§2576 of the code of 1880) authorized the court to settle all the conflicting claims of such parties as were properly joined as co-tenants, but it is not allowable *387to bring into a suit between co-tenants one who is…
2Cases cited2 opinions
- Nugent v. PowellMississippi Supreme Court · 1885
- Cooper v. FoxMississippi Supreme Court · 1889