Cohea v. Hemingway
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. C. M. "Williamson, Esq., Special Judge. Perry Cohea died, leaving an estate, consisting in part of lauds in the city of Jackson. He devised all of his estate, and there were three executors of his will. Two died and the other resigned. In 1872, W. B. Jelks was appointed administrator with the will annexed.
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From the circuit court of the first district of Hinds county. C. M. "Williamson, Esq., Special Judge. Perry Cohea died, leaving an estate, consisting in part of lauds in the city of Jackson. He devised all of his estate, and there were three executors of his will. Two died and the other resigned. In 1872, W. B. Jelks was appointed administrator with the will annexed. He was a grandson of Cohea, and, as devisee, was entitled to an undivided one-fifteenth interest in the estate. He had possession of the land in Jackson, and, without authority of court, sold a large portion of it in lots to…
1Opinion of the CourtCampbell, C. J.
The conveyance to Hemingway by Jelks was not in execu*26tion of the power of sale he had as administrator de bonis non cum testamento annexo of Perry Cohea, and cannot be referred to that, for he had individually an interest in the land conveyed, and could and did convey that; and, as he made no reference in any way to his representative character, or executing the power he had in that capacity, his conveyance cannot be referred to or connected with that. Yates v. Clark, 56 Miss., 212.
By his purchase he became co-tenant with fourteen others (plaintiffs), and, in purchasing the tax-title from…
2Cases cited1 opinion
- Yates v. ClarkMississippi Supreme Court · 1878
3Cited by11 opinions
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Smith v. SmithMississippi Supreme Court · 1951
- Griggs v. GriggsMississippi Supreme Court · 1953
- Wilder v. CurrieMississippi Supreme Court · 1957
- Clausell v. RileyMississippi Supreme Court · 1940
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