Chiles v. Champenois
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Sylyanus Eyans, Chancellor. In October, 1886, the appellant, Annie E. Chiles, tiled a bill in the court below against G. W. Gallagher et al., seeking thereby to establish her title to certain land, and to remove clouds therefrom.
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From the chancery court of Lauderdale county. Hon. Sylyanus Eyans, Chancellor. In October, 1886, the appellant, Annie E. Chiles, tiled a bill in the court below against G. W. Gallagher et al., seeking thereby to establish her title to certain land, and to remove clouds therefrom. Her title was denied in the answer of defendants, and, on final hearing, the bill was dismissed, whereupon she appealed to this courf, which affirmed the decree in so far as it dismissed the bill as to certain of the defendants, purchasers from Gallagher, who claimed a half-interest in the land. These parties were…
1Opinion of the CourtCooper, J.
The decision in the case of Chiles v. Gallagher, referred to in the pleadings in this cause, was a conclusive adjudication against Mrs. Chiles’ title as to the interest in the lands sold by Gallagher to Cameron. Her title was put in issue by the pleadings, and, as to the land owned by Cameron, was decided against her because of defect of proof. It is settled by an unbroken line of decisions in this state that one proceeding in equity to procure a cancellation of a cloud upon his title, must aver in his bill that he is the owner of the property, either by a good legal or equitable title, and,…
2Cited by5 opinions
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