Smith v. Stansel
Mississippi Supreme Court
From the chancery court of Noxubee county. ' Hon. James F. MoCool, Chancellor. Stansel, appellee, was complainant in the court below, Smith, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. Appellee’s bill prayed partition of a tract of land, containing one hundred acres, of which he and appellant were tenants in common; each owning an undivided half interest.
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From the chancery court of Noxubee county. ' Hon. James F. MoCool, Chancellor. Stansel, appellee, was complainant in the court below, Smith, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. Appellee’s bill prayed partition of a tract of land, containing one hundred acres, of which he and appellant were tenants in common; each owning an undivided half interest. The alternative prayer of tbe bill was for tbe sale of tbe land and division of tbe proceeds, in case tbe land should be found incapable of a fair and equitable partition…
1Opinion of the CourtMayes, J.
The record shows that only two persons are interested in this land, and the quantity of land aggregates one hundred acres. There was no notice filed under Code 1906, § 1941, of a desire to have the witnesses examined in open court; nor was there filed any agreement in writing to that effect. Since there was no notice or agreement in reference to taking oral testimony, none could have been taken, and the correctness of the chancellor’s decree must be determined from the record alone.
Where it is possible to order a partition in kind with due consideration for the interest of all parties, that…
2Cases cited1 opinion
- Cox v. KyleMississippi Supreme Court · 1898
3Cited by18 opinions
- Shaw v. ShawMississippi Supreme Court · 1992
- Vinson v. JohnsonMississippi Supreme Court · 1986
- Daughtrey v. DaughtreyMississippi Supreme Court · 1985
- Wight v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1944
- Shorter v. LesserMississippi Supreme Court · 1910
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