Gibbs v. McGuire
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. W. R. Williamson, Judge. Ejectment by W. S. Gibbs against John McGuire. The assignments of error present many and complicated questions, but the single point decided by the court is sufficiently illustrated by the facts stated in the opinion. On the trial the court, as to the issue here involved, gave a peremptory instruction for defendant, and plaintiff appeals.
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From the circuit court of Bolivar county. Hon. W. R. Williamson, Judge. Ejectment by W. S. Gibbs against John McGuire. The assignments of error present many and complicated questions, but the single point decided by the court is sufficiently illustrated by the facts stated in the opinion. On the trial the court, as to the issue here involved, gave a peremptory instruction for defendant, and plaintiff appeals. It is true that a deed must be executed according to the lex rei situs. It is manifest that the failure to affix the seal arose from the fact that the grantor was a citizen of Texas,…
1Opinion of the CourtCooper, J.
It is unnecessary to consider several important and interesting questions argued by counsel, for, whatever might be the conclusions reached upon them, the insufficiency of the plaintiff’s title is so evident that but one result can be reached, which is to affirm the judgment of the court below. In the chain of title, the plaintiff produced and relied upon a conveyance of title by a writing not under seal, executed on the twentieth of January, A.D. 1880, some nine months before the code of 1880, -by which seals were abolished, became operative. The instrument was executed by the maker in the…
2Cases cited2 opinions
- Alexander v. PolkMississippi Supreme Court · 1861
- Torrance v. BetsyMississippi Supreme Court · 1855
3Cited by2 opinions
- Creegan v. HymanMississippi Supreme Court · 1908
- Littelle v. Creek Lumber Co.Mississippi Supreme Court · 1911