Lockhart v. Camfield
Mississippi Supreme Court
Error to the circuit court of Lee county. Boone, J. The facts of the case are all apparent in the argument of counsel and opinion of the court. This case presents three classes of execeptions : 1. The special exceptions taken to the rulings of the court on the trial. 2. The errors committed by the court in granting certain instructions for defendant. 3. The grounds on which the motion for a new trial was made; that the verdict was contrary to law and the evidence.
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Error to the circuit court of Lee county. Boone, J. The facts of the case are all apparent in the argument of counsel and opinion of the court. This case presents three classes of execeptions : 1. The special exceptions taken to the rulings of the court on the trial. 2. The errors committed by the court in granting certain instructions for defendant. 3. The grounds on which the motion for a new trial was made; that the verdict was contrary to law and the evidence. These will be considered in this order: I. 1. Evidence of the contents of the bond of Susan King and J. B. King to Lockhart was…
1Opinion of the Court
SlMRALL, J. t
It is conceded that the legal title to the lands and tenements sued for was in the plaintiffs, as the heirs at law of their deceased grandfather, Brame. Although several questions arose during the progress of the trial, which it may be proper to consider, the main defense relied upon was, that the defendant “ had a title, which in equity would be regarded as superior to the legal title of the plaintiffs ” (Code 1857, 388, art. 17), and sufficient to defeat a recovery. What is a “ superior equitable title ” within the intendment and reason of the statute ?
There has been much…
2Cases cited4 opinions
- Erwin v. LowrySupreme Court of the United States · 1849
- Heard v. BairdMississippi Supreme Court · 1866
- McClanahan v. BarrowMississippi Supreme Court · 1854
- Moody v. Farr's LesseeMississippi Supreme Court · 1857
3Cited by4 opinions
- Land v. KeirnMississippi Supreme Court · 1876
- Littelle v. Creek Lumber Co.Mississippi Supreme Court · 1911
- Hytken v. BiancaMississippi Supreme Court · 1939
- Turley v. IngramMississippi Supreme Court · 1884