Rives v. Nesmith
Mississippi Supreme Court
Appeal from the Chancery Court of Claiborne County. Hon. Laugh McLauein, Chancellor. The case is fully stated in the opinion of the court. The appellee’s bill presents no equity. She hasn’t been deceived by Rives or harmed by him in any way. He has surrendered possession of the land to her and put her in statu quo. True, he bought the legal title while in possession under a contract with her.
Read the full summary
Appeal from the Chancery Court of Claiborne County. Hon. Laugh McLauein, Chancellor. The case is fully stated in the opinion of the court. The appellee’s bill presents no equity. She hasn’t been deceived by Rives or harmed by him in any way. He has surrendered possession of the land to her and put her in statu quo. True, he bought the legal title while in possession under a contract with her. But that contract was nothing more than a rescission of the Noble sale, coupled with a permission to remain in possession till January 1, 1885, which at most was but a two years’ lease. Nesmith…
1Opinion of the CourtCooper, C. J.
The appellee exhibited her bill in the Chancery Court of Claiborne County to enjoin the prosecutiou of an action of ejectment, instituted against her by the defendant to'recover certain lands, and to have him decreed trustee of the legal title for her.
The facts are found by the Chancellor to be: “ That one Joseph Noble entered into possession of the lands in controversy under a bond for title executed by JD. B. Sanford as ‘tutor’ for Isabella B. Sanford, a minor, residing in the State of Louisiana; that being so in possession, he contracted with Nannie K. Nesmith and Orville B. Rives to sell…
2Cited by3 opinions
- Drake v. O'BrienWest Virginia Supreme Court · 1919
- Walker v. HarrisonMississippi Supreme Court · 1898
- Johnson v. LangstonMississippi Supreme Court · 1937