Kenoye v. Brown
Mississippi Supreme Court
From the chancery court of Washington county. Hon. Caret O. Moody, Chancellor. Dora Brown and another, appellees, were complainants in the court below; Anna C. Hardison who, defended by her guardian, Roxanna Kenoye, was defendant there. In May, 1886, William Brown died intestate, leaving his wife, Mary Brown, and their two children, Dora and Willie Brown, as his only heirs.
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From the chancery court of Washington county. Hon. Caret O. Moody, Chancellor. Dora Brown and another, appellees, were complainants in the court below; Anna C. Hardison who, defended by her guardian, Roxanna Kenoye, was defendant there. In May, 1886, William Brown died intestate, leaving his wife, Mary Brown, and their two children, Dora and Willie Brown, as his only heirs. At the time of his death he owned the west half of lot 2, block 20, of the third addition to the city of Greenville. In September, 1881, Mary Brown, the widow,, sold the south half of this lot to one Williams, and it came…
1Opinion of the CourtWhitfield, C. J.
The true principle to be deduced from the authorities is that, where one tenant in common makes a conveyance by specific metes and bounds of a part of the common estate, such deed is voidable in so far forth as it operates to the prejudice of his cotenants, at their election, but will convey the interest of the grantor in the parcels specifically conveyed, as against the grantor, and if, in the subsequent partition, the particular tract thus conveyed by metes and bounds should be assigned to the cotenant conveying, the title will inure, by virtue of the doc-; trine of estoppel, to his…
2Cases cited9 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Dorn v. DunhamTexas Supreme Court · 1859
- Stark v. BarrettCalifornia Supreme Court · 1860
- Worthington v. StauntonWest Virginia Supreme Court · 1880
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3Cited by6 opinions
- O'Neal v. CooperSupreme Court of Alabama · 1914
- Copley v. StateTennessee Supreme Court · 1925
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Prudential Ins. Co. v. GleasonMississippi Supreme Court · 1939
- Johnson v. MacIntyreCourt of Appeals of Maryland · 1999
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