Legal Opinion

Jahier v. Rascoe

Mississippi Supreme Court

Decided April 15, 1885PublishedCited by 11 opinions

Appeal from the Chancery Court of Lafayette County. Hon. B. T. Kimbrough, Chancellor. In 1877 Clara Z. Conkey, whose home was in this State, while sojourning in Italy was married to M. A. Jahier, and remained with him in that country up to the time of her death, on the 4th of February, 1882. At the time of her marriage, Miss Conkey was possessed of several thousand dollars, which was being managed for her by her brother-in-law, H. E. Eascoe, of Lafayette County, in this…

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Appeal from the Chancery Court of Lafayette County. Hon. B. T. Kimbrough, Chancellor. In 1877 Clara Z. Conkey, whose home was in this State, while sojourning in Italy was married to M. A. Jahier, and remained with him in that country up to the time of her death, on the 4th of February, 1882. At the time of her marriage, Miss Conkey was possessed of several thousand dollars, which was being managed for her by her brother-in-law, H. E. Eascoe, of Lafayette County, in this State. After her marriage her money was left with Easc.oe, who continued during all of her married life, as before, to lend…

1Opinion of the CourtCooper, C. J.

In the case of Speed v. Kelly, 59 Miss. 47, we held that a debt due by a resident of this State to one domiciled in Louisiana, and having in his possession in that State the evidence of the debt, was not, in the absence of any other evidence, personal property situated in this State within the meaning of our statute of distribution. The reason given was that choses in action, having no situs, adhered to *704the person of the owner, and were situated at the domicile of the owner. We, however, carefully excluded the inference that this rule would be applied under all circumstances and regardless of…

2Cases cited1 opinion

  1. Speed v. KellyMississippi Supreme Court · 1881

3Cited by11 opinions

  1. Smith v. NormartArizona Supreme Court · 1938
  2. Brady v. John Hancock Mut. Life Ins. Co.Mississippi Supreme Court · 1977
  3. Bolton v. BarnettMississippi Supreme Court · 1923
  4. Higgins v. EatonCourt of Appeals for the Second Circuit · 1913
  5. Adams v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1903

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