Wilie v. Brooks
Mississippi Supreme Court
Appeal from the chancery court of Pontotoc county. 1. The record shows that complainant has no legal or equitable title to the land in dispute. The bill itself alleges the sale to be void, and a void order of the probate court can confer no title whatever.
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Appeal from the chancery court of Pontotoc county. 1. The record shows that complainant has no legal or equitable title to the land in dispute. The bill itself alleges the sale to be void, and a void order of the probate court can confer no title whatever. Campbell v. Brown, 6 How. 106; Packett v. McDonald, ib. 269 ; -Grivin v. Carroll, 1 Smedes & Marsh. 368; Baughman v. Thompson, 6 ib. 259 ; Planters’ Bank v. Johnson, 7 ib. 449 ; Matlock v. Livingston, 9 ib. 489 ; Williams v. Childress, 25 Miss. 48, 49, 78 ; Boot v. McPemn, 37 ib. 47, 48, 49. 2. The bill prays to have the valid fee simple…
1Opinion of the Court
Tarbell, J. :
This is a proceeding in chancery to restrain an action at law. To the complaint there was a demurrer, which was overruled, from which defendants appeal to this court. The record presents substantially the following facts: In the latter part of the year 1852, or early in 1853, John F. Brooks and James W. Drake, purchased, jointly, from Jeiferson Wilson, administrator, etc., of John Wray, *545deceased, certain lands described in the bill. Shortly after such joint purchase, Brooks became the sole owner of those Lands, by purchase of the interest of Brake. Brooks went into the possession…
2Cases cited9 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
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- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
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