Claiborne v. Holmes
Mississippi Supreme Court
Error to the Circuit Court of Adams County. Hon. A. Alderson, Judge. The facts in this case are sufficiently stated in the opinion of the court.
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Error to the Circuit Court of Adams County. Hon. A. Alderson, Judge. The facts in this case are sufficiently stated in the opinion of the court. The following is assigned for error, to-wit: 1. The court below erred in permitting the defendant in error to introduce in evidence the transcript from the chancery court of Adams county, in a cause entitled J. S. B. Thatcher v. W. H. Dunbar and wife. 2. The court below erred in refusing to allow the plaintiff in error to introduce in evidence in their behalf the deed from W. H. Dunbar and wife to Martha W. Dunbar, dated January 10, 1860. 3. The…
1Opinion of the CourtSimrall, J.
Both parties trace title back to the same, source. Mrs. Claiborne derives title through Mrs. Dunbar, to whom William Dunbar had conveyed the premises. Mrs. Holmes derives title by purchase, and a commissioner’s deed, under a decree foreclosing a mortgage executed by William H. Dunbar, to Jos. B. Thatcher. Mrs. Claiborne is the devisee of Mrs. Dunbar. Each party claims the superior right by reason of the respective conveyances of W. H. Dunbar. The question then is, Which is prior and superior, the absolute conveyance to Mrs. Dunbar, or the mortgage to Thatcher ? The deed to Mrs. Dunbar bears…
2Cases cited5 opinions
- Perkins v. SwankMississippi Supreme Court · 1871
- Henderson v. DowningCourt of Appeals of Mississippi · 1852
- Bullitt, Miller & Co. v. Taylor & RichardsonMississippi Supreme Court · 1858
- Jones v. LogginsMississippi Supreme Court · 1859
- Fisher v. GrimesMississippi Chancery Courts · 1843
3Cited by7 opinions
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- Loughridge v. BowlandMississippi Supreme Court · 1876
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Humphreys v. MerrillMississippi Supreme Court · 1876
- Taylor v. MoselyMississippi Supreme Court · 1880
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