Legal Opinion · Dissent

Shrader v. Shrader

Mississippi Supreme Court

Decided March 15, 1919Published

Appeal from the chancery court of Sunflower county. HoN. E. N. Thomas, Chancellor. Bill by Addie Schrader against Emma Schrader. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. As is stated in the main brief filed on behalf of the appellant this case clearly falls under the authorities described as constructive trust arising out of fraud.

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Appeal from the chancery court of Sunflower county. HoN. E. N. Thomas, Chancellor. Bill by Addie Schrader against Emma Schrader. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. As is stated in the main brief filed on behalf of the appellant this case clearly falls under the authorities described as constructive trust arising out of fraud. We wish to detail here a few of the cases which we think cover the various phases of the present record. We wish to first call the attention of the eonrt to the very able and painstaking opinion found…

1DissentEthbidge, J.

I find myself unable to agree either to the law announced or to the facts stated by the majority in its opinion. If we should accept the facts as stated, still, in my judgment, under the authorities in this state, there is a misapprehension of the law which wrongfully deprives the appellee of her rightful property. I desire, however, to state more fully the facts, and to state certain facts that have been ignored by the majority opinion, which in my judgment malíes the decision wrongful. . ■ '

*544E. M. Shrader was killed on or about the 30th day of June, 1915,- in Sunflower county, Miss., by the…

2Cases cited10 opinions

  1. Ragsdale v. RagsdaleMississippi Supreme Court · 1890
  2. Logan v. JohnsonMississippi Supreme Court · 1894
  3. Gibson v. FooteMississippi Supreme Court · 1866
  4. Moore v. CrumpMississippi Supreme Court · 1904
  5. Moore v. MooreMississippi Supreme Court · 1896

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