Hale v. Neilson
Mississippi Supreme Court
Appeal from the chancery court of Tallahatchie county. Hon. Joe Mat, Chancellor. Bill by Mrs. Pearl Marks, Mrs. Mary Neilson and others, against C. H. Hale and others. From a decree overruling a demurrer to the hill, defendants appeal.
Read the full summary
Appeal from the chancery court of Tallahatchie county. Hon. Joe Mat, Chancellor. Bill by Mrs. Pearl Marks, Mrs. Mary Neilson and others, against C. H. Hale and others. From a decree overruling a demurrer to the hill, defendants appeal. This cause originated in the chancery court of Talla-hatchie county by bill exhibited by Mrs. Pearl Marks et al., appellees herein, against the appellants, seeking to remove an alleged cloud upon certain real estate which appellees claim to have inherited from the widow of one C. A. Neilson, deceased. A demurrer was interposed to the hill and by the court…
1Opinion of the CourtSteveNS, J.
The complainants in the court below, bearing the burden of their bill, must necessarily prevail upon the strength of their own title, and not upon "the weakness of the title of their adversary. To maintain this suit they must be regarded as having inherited the lands in question from Mrs. Julia A. Neilson, the widow of the testator, whose will is here brought under review. Did then Mrs. Julia A. Neilson own an estate of inheritance. We think not. Before entering the mystic maze of authorities on wills similar to the one in‘question, we read this will from first to last in an endeavor to find…
2Cases cited2 opinions
- Ball v. PhelanMississippi Supreme Court · 1908
- Selig v. TrostMississippi Supreme Court · 1915
3Cited by10 opinions
- Kern v. KernIllinois Supreme Court · 1920
- LANHAM v. HowellMississippi Supreme Court · 1951
- Marx v. HaleMississippi Supreme Court · 1922
- Pate v. EvansMississippi Supreme Court · 1957
- Richmond v. BassMississippi Supreme Court · 1947
5 more not listed; retrieve them via the Exa API.