Burks v. Loggins
Mississippi Supreme Court
Appeal from the Chancery court of Scott county, Hon. John Watts, chancellor. This was a bill filed in the court below by Burks and wife to subject a quarter section of land to the payment of the balance due for the purchase-money thereof on a sale made by complainants to one Daniel Jones in the year 1849. ' The facts as they appear from the pleadings and proof are as follow: Mrs. Burks was the owner of the land by gift from her father, and held the same under the Married…
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Appeal from the Chancery court of Scott county, Hon. John Watts, chancellor. This was a bill filed in the court below by Burks and wife to subject a quarter section of land to the payment of the balance due for the purchase-money thereof on a sale made by complainants to one Daniel Jones in the year 1849. ' The facts as they appear from the pleadings and proof are as follow: Mrs. Burks was the owner of the land by gift from her father, and held the same under the Married ’Woman’s Law of 1846. In 1849 she and her husband sold the same to Daniel Jones for four hundred and eighty dollars, the…
1Opinion of the Court
Habéis, J.,
delivered the opinion of the court:
This bill, in legal effect, is to be regarded as a bill filed by Susan E. Burks against the other parties thereto. Her husband, Milton H. Burks, can be regarded in no other light than as her trustee, having no beneficial interest in this litigation, but liable to be divested, in favor of the wife, of whatever interest he may have wrongfully possessed himself by the abuse of the confidential relation existing between them.
Any transaction by which the title of the separate property of the wife becomes vested in the husband is regarded with scrutiny…
2Cases cited3 opinions
- Adams v. ClarkeMississippi Supreme Court · 1902
- Allen v. MilesMississippi Supreme Court · 1859
- Southern Railway Co. v. CheavesMississippi Supreme Court · 1904
3Cited by2 opinions
- Butterfield v. StantonMississippi Supreme Court · 1870
- Walt v. WaltTennessee Supreme Court · 1904