Massey v. Whittaker
Mississippi Supreme Court
Appeal from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor. Suit by H. S. Massey and others against Mrs. Mattie Whittaker for partition. From a decree of dismissal, complainants appeal. There can be no dispute about what the intentions of Mr. Hearn were when he made the deed, and what the intentions of Mrs. Hearn were when she received the deed, as to what she was getting, and that was a life estate.
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Appeal from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor. Suit by H. S. Massey and others against Mrs. Mattie Whittaker for partition. From a decree of dismissal, complainants appeal. There can be no dispute about what the intentions of Mr. Hearn were when he made the deed, and what the intentions of Mrs. Hearn were when she received the deed, as to what she was getting, and that was a life estate. If the deed of H. Hearn to her conveyed the fee in the lhnd, then there was no necessity for her to buy the remainder interest of Willis Hearn. We submit to the court that…
1Opinion of the CourtSmith, C. J.
The appellants exhibited their hill in the court below against the appellee, alleging that they and the appellee are tenants in common of certain land, and praying for a partition thereof. The appellee by her answer denied that the appellants have any interest in the land. The cause was heard on bill, answer, and proof, resulting-in a decree dismissing the appellants’ bill.
The facts are that H. Hearn, who then owned the land, executed a deed thereto through which all of the parties hereto claim, the material portions of which are as follows :
“This indenture, made the 21st day of May, A. D.…
2Cases cited2 opinions
- Robinson v. PayneMississippi Supreme Court · 1881
- Hart v. GardnerMississippi Supreme Court · 1896
3Cited by5 opinions
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- Martin v. Adams, Et Ux.Mississippi Supreme Court · 1953
- Dale v. Case, Et Ux.Mississippi Supreme Court · 1953
- Columbus & Greenville Ry. Co. v. City of GreenwoodMississippi Supreme Court · 1980
- Avant v. WellsMississippi Supreme Court · 1971