Tucker v. Whitehead
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. About the 1st of January, 1879, P. W. Tucker verbally rented to John Evans a certain .tract of land for that year, for four bales of cotton. On the ,18th of February, 1879, Tucker died. On the 24th of February, 1879, T. M. Tucker, a brother of the deceased, induced Evans to enter into a written contract to pay the rent of the land to him.
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Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. About the 1st of January, 1879, P. W. Tucker verbally rented to John Evans a certain .tract of land for that year, for four bales of cotton. On the ,18th of February, 1879, Tucker died. On the 24th of February, 1879, T. M. Tucker, a brother of the deceased, induced Evans to enter into a written contract to pay the rent of the land to him. On the 29th of October, 1879, Miss M. M. Whitehead sued out an .attachment for the rent against Evans, and made T. M. Tucker a party defendant to the proceeding. The plaintiff claimed that…
1Opinion of the CourtCooper, J.
The probate of the will of P. W. Tucker, in common form, is effectual and binding until attacked and overturned in direct proceedings instituted in the Chancery Court. Until this is done the devisee is entitled to the possession of the land, and to collect the rents accruing thereon after the death of the testator, unless the heirs-at-law can show circumstances sufficient to authorize the interposition of a court of equity to take charge of and preserve the property and its income until the contest of the will can be made. In Hamberlin v. Terry, Exr., 7 How. 143; Cowden v. Dobbyns, 5 Smed. &…
2Cases cited1 opinion
- Bloodworth v. StevensMississippi Supreme Court · 1875
3Cited by4 opinions
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