Legal Opinion

McCaa v. Russom

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 1 opinion

Appeal from the Chancery Court of Jefferson County. Hon. J. B. DeasoN, Chancellor. . The opinion of the court contains a sufficient statement of the facts in the case. It is assigned for error: ‘ ‘ That the court erred in rendering the final decree in the above cause, dismissing the bill of' complainant, when the decree should have been for the relief' prayed in the bill.”

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Appeal from the Chancery Court of Jefferson County. Hon. J. B. DeasoN, Chancellor. . The opinion of the court contains a sufficient statement of the facts in the case. It is assigned for error: ‘ ‘ That the court erred in rendering the final decree in the above cause, dismissing the bill of' complainant, when the decree should have been for the relief' prayed in the bill.” No boundaries of the 100 acres of land are given in the deed, and it is either a mistake in the deed or it is void for uncertainty. In either aspect the deed constitutes a cloud. The nature and quantity of the interest…

1Per curiam

Appellant, as executrix of the will of D. McCaa, exhibited her bill, in the chancery court of Jefferson county, to sell a certain tract of land, on the ground that it was necessary for the payment of debts of the decedent, and, as a means to the end of obtaining a fill price for the land thus sought to be sold, she framed the bill with a view to remove a cloud from thm title, which exists in the shape of a deed made by her testator,, by which he conveyed this land, by metes and bounds, to Clara. *641Eussom, calling it 100 acres, when in fact it is a tract of 440 acres. The bill avers that only…

2Cited by1 opinion

  1. Beason v. ColemanMississippi Supreme Court · 1908

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