Taylor v. Smith
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. JOHN J. Dennis, Chancellor. 1. The bill is multifarious. It seeks to set aside the sale of the land, made by the sheriff, for inadequacy of price, to ascertain the interest of the defendants, and their co-defendant, L. W. Smith, and to establish a resulting trust to the complainants in the land. Story Eq.
Read the full summary
Appeal from the Chancery Court of Noxubee County. Hon. JOHN J. Dennis, Chancellor. 1. The bill is multifarious. It seeks to set aside the sale of the land, made by the sheriff, for inadequacy of price, to ascertain the interest of the defendants, and their co-defendant, L. W. Smith, and to establish a resulting trust to the complainants in the land. Story Eq. PI. §§ 271, 278, 286, 540. 2. What right have the complainants to set aside the sheriff’s sale ? They were not parties to the sale of L. W. Smith’s interest in the lands, and are in no wise interested therein. L. W. Smith alone had the…
1Opinion of the CourtSimrall, C. J.
The complainants, the children and heirs of their deceased mother, Arachane M. Smith, née Taylor, exhibited their bill against De Witt C. Taylor, Isaac W. Taylor, and Littleberry W. Smith, Sen., praying relief on the following statement of facts: —
Their father, the defendant, Littleberry W. Smith, applied the distributive interest of his wife in the estate of her father, in the purchase of the several parcels of land described in the bill, and took the conveyance to himself. The amount thus applied was 112,259.30. Their father, L. W. Smith, bought another parcel of land, containing one…
2Cases cited3 opinions
- Lessley v. PhippsMississippi Supreme Court · 1874
- Redus v. HaydenMississippi Supreme Court · 1871
- Stewart v. RossMississippi Supreme Court · 1874
3Cited by2 opinions
- Groves v. GrovesMississippi Supreme Court · 1880
- Barry v. BarryMississippi Supreme Court · 1887