Dibrell v. Carlisle & Humphries
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. A. Pollard, Chancellor. This case is now in this court the second time. The facts in the case are voluminous, and the reporters refer, for the facts, to the case as reported in 48 Miss., 691, where it is set out in full.
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Appeal from the Chancery Court of Chickasaw County. Hon. A. Pollard, Chancellor. This case is now in this court the second time. The facts in the case are voluminous, and the reporters refer, for the facts, to the case as reported in 48 Miss., 691, where it is set out in full. The following is assigned for error, to wit: 1. The court erred in decreeing against Eliza R. Walker, she not being a party to the proceedings or to the cause. 2. The court below had no jurisdiction of Eliza R. Walker, so as to warrant a decree against her or her property. 3. The court below erred in divesting the title…
1Opinion of the CourtSimrall, J.
This case was formerly in this court, when the character of the trust estate in Mrs. Walker was considered and determined, and also the scope and effect of the mortgage of the trust property, executed by herself and husband to Carlisle & Humpries. Reference is made to the report of the - case (48 Miss., 691), both for the statement of the material facts, and the principles of law.
It was held as the law of the case that Mrs. Walker took, under the trust deed, a complete equitable estate, with the same powers of charging and disposing of it as if the legal estate had been conveyed to her. There…
2Cases cited1 opinion
- Dibrell v. CarlisleMississippi Supreme Court · 1873
3Cited by4 opinions
- Hays' Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
- Wray v. LangstonMississippi Supreme Court · 1980
- Phoenix Ins. Co. of Brooklyn, N.Y. v. QuinetteSupreme Court of Oklahoma · 1912
- Merchants' Nat. Bank & Trust Co. v. Port Gibson Oil WorksMississippi Supreme Court · 1932