Legal Opinion · Dissent

Hurst v. J. M. Griffin & Sons, Inc.

Mississippi Supreme Court

Decided September 25, 1950No. 37509Published

1DissentLee, J.

Since I can neither agree to, nor acquiesce in, the reversal of this cause, with deference, I feel compelled to give my reasons therefor.

It is elemental that a Chancellor’s finding of fact should be sustained on appeal, if supported by substantial evidence; and that such finding will not be set aside unless manifestly wrong.

When this rule is kept in mind, the decision of the learned Chancellor, as I see it, is impervious to change for at least two complementary reasons: (A) The deed to Pace constituted color of title; and (B) Appellees’ title was established by adverse possession.

On the first…

2Cases cited12 opinions

  1. Moelle v. SherwoodSupreme Court of the United States · 1893
  2. Peeples v. BotkinMississippi Supreme Court · 1923
  3. Leach v. BeattieSupreme Court of Vermont · 1860
  4. Chapman v. SimsMississippi Supreme Court · 1876
  5. Native Lumber Co. v. ElmerMississippi Supreme Court · 1918

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API