Martin v. Martin
Mississippi Supreme Court
From the chancery court of, second district, Coahoma county. Hon. Carey C. Moody, Chancellor. Scipio Martin, the appellant, was complainant, and Antoinette Martin, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The opinion states the facts of the case.
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From the chancery court of, second district, Coahoma county. Hon. Carey C. Moody, Chancellor. Scipio Martin, the appellant, was complainant, and Antoinette Martin, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The opinion states the facts of the case. By the provisions of sec. 1551 the real and personal property of the deceased on his death descended to the appellee and the children of the decedent as tenants in common. The estate thus devolved upon them was an estate in fee, and each became entitled to the same…
1Opinion of the Court
Oalhoon, J.,
delivered the-opinion of the court.
We handed down, this case, affirmed without a written opinion. Yielding to request of counsel for appellant in his suggestion of error, we will proceed to write our views.
Louis Martin died intestate in 1900, leaving as heirs his widow, over 70 years old, and four children. At the time of his death he lived on the land about which this dispute arose, it being all the land he had, and had, as his family, living on it with him, his wife and two of his children. The other two children lived elsewhere. Since he died, -one of the two children who lived…
2Cases cited2 opinions
- Middleton v. ClaughtonMississippi Supreme Court · 1899
- Birmingham v. BirminghamMississippi Supreme Court · 1876
3Cited by1 opinion
- Bohn v. BohnMississippi Supreme Court · 1942