Nestor v. Davis
Mississippi Supreme Court
Appeal from the chancery court of Kemper county. Hon. J. F. McCool, Chancellor. Bill by J. L. Nestor et al. against J. E. Davis. Bill dismissed on demurrer and complainants appeal. The facts are fully stated in the opinion of the court. J..
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Appeal from the chancery court of Kemper county. Hon. J. F. McCool, Chancellor. Bill by J. L. Nestor et al. against J. E. Davis. Bill dismissed on demurrer and complainants appeal. The facts are fully stated in the opinion of the court. J.. N. Davis, the appellee, filed a demurrer to the amended bill of complaint, and alleged as grounds of demurrer the following, to-wit: 1st. Because the amended bill fails to show whether the pretended release of the land in controversy from the deed of trust by Duke Brothers or James Duke was in writing or whether it rested in parol. 2d. Because the amended…
1Opinion of the CourtMcLain, J.
This bill was filed by complainants for the purpose of redeeming certain lands. The facts are that the ancestor of the complainants was the owner of the land, and that he executed to Duke Bros. & Co. a trust deed upon the property for the purpose of securing a debt due by the grantor to Duke Bros. & Co. Shortly before the death of the grantor, which occurred in 1885, the grantor delivered certain property to Duke Bros. & Co. in settlement of the debt, except there remained a balance due of fifty dollars. Shortly after the death of the grantor it is alleged that one Thomas E. Davis, the…
2Cases cited1 opinion
- Aust v. RosenbaumMississippi Supreme Court · 1897
3Cited by3 opinions
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