Legal Opinion

Ferguson v. Bobo

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 17 opinions

Appeal from the Chancery Court of Claiborne County. Hon. E. G. PextON, Jr., Chancellor. 1. The court had jurisdiction of the bill to' declare and establish the trust in the lands.

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Appeal from the Chancery Court of Claiborne County. Hon. E. G. PextON, Jr., Chancellor. 1. The court had jurisdiction of the bill to' declare and establish the trust in the lands. Healey v. Alston, 25 Miss. 190; Wilson v. Beauchamp, 44 Miss. 556 ; Code 1871, § 2896; Boach v. Bennett, 24 Miss. 98; Carpenter v. Bowen, 42 Miss. 28 ; Cassedy v. Jackson, 45 Miss. 397 ; Wilson v. Beauchamp, 50 Miss. 24. The fact that Mrs. Bobo was an infant at the time of the transactions, will not prevent the court from estab-lisbing the trust. The fact that the land was purchased with the means of the indebted…

1Opinion of the CourtChalmers, J.

The bill is filed to enjoin an action of ejectment, or rather to prohibit the issuance of a' writ of habere facias upon judgment in ejectment, and to compel the plaintiff in said judgment to file a perpetual eesset processus.

The facts are these: In June, 1868, Elisha Robbins bought from one Rucker a tract of land in Claiborne County, consisting of two hundred and ninety acres, known as “ Hunter’s Rest; ” paid for it with his own means; and, for the purpose of defeating certain creditors residing in the State of Indiana, whose claims he anticipated would be sent for collection to this State,…

2Cases cited16 opinions

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
  2. Kilgore v. JordanTexas Supreme Court · 1856
  3. Vasse v. SmithSupreme Court of the United States · 1810
  4. Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
  5. Charles Towne & Co. v. WileySupreme Court of Vermont · 1851

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3Cited by17 opinions

  1. Hood v. DurenCourt of Appeals of Georgia · 1924
  2. Long v. PattersonMississippi Supreme Court · 1945
  3. Brantley v. WolfMississippi Supreme Court · 1882
  4. International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
  5. Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923

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