Shorter v. Lesser
Mississippi Supreme Court
Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor.. Bill by Leo Lesser against Baifield Shorter for partition. From a decree ordering the sale of the land for partition, defendant appeals. The facts are fully stated in the opinion of the court. The question is, has this appellant, or' not, the right to have his interest in "the land set aside to him in kind when it manifestly can be done under the statute.
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Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor.. Bill by Leo Lesser against Baifield Shorter for partition. From a decree ordering the sale of the land for partition, defendant appeals. The facts are fully stated in the opinion of the court. The question is, has this appellant, or' not, the right to have his interest in "the land set aside to him in kind when it manifestly can be done under the statute. The bill in this case on this subject of sale for partition alleges, “and your complainant shows to the court that said land is not susceptible of division in…
1Opinion of the Court
McLain, C.
Leo Lesser filed a bill in the chancery court of Tunica county against R Shorter, alleging that he and Shorter were the owners of a certain eighty-acre tract of land, and that he (Lesser) owned a three-fourths interest in same and Shorter the other one-fourth. He charges in his bill that the land is not susceptible to partition in kind, and that a sale of the land will better promote the interests of parties than a partition in kind. Shorter, in answering the bill, avers that the land is susceptible of an equal partition in kind, and he made his answer a cross bill, praying that the…
2Cases cited1 opinion
- Smith v. StanselMississippi Supreme Court · 1908
3Cited by21 opinions
- Shaw v. ShawMississippi Supreme Court · 1992
- Wight v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1944
- Dailey v. HoustonMississippi Supreme Court · 1963
- Stern v. Great Southern Land Co.Mississippi Supreme Court · 1927
- Unknown Heirs at Law of Blair v. BlairMississippi Supreme Court · 1992
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