Shelby v. Rhodes
Mississippi Supreme Court
Appeal from the chancery court of Coahoma county. Hon. M. E. Denton, Chancellor. Suit for partition by Russel B. Shelby against W. L. Rhodes and others. From a decree dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court. We contend, first, that upon the death of Mary E. Shelby, Russel B. Shelby and W. W. Shelby became tenants in common in the property in controversy, regardless of whether the title of Mrs. Shelby was good or not.
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Appeal from the chancery court of Coahoma county. Hon. M. E. Denton, Chancellor. Suit for partition by Russel B. Shelby against W. L. Rhodes and others. From a decree dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court. We contend, first, that upon the death of Mary E. Shelby, Russel B. Shelby and W. W. Shelby became tenants in common in the property in controversy, regardless of whether the title of Mrs. Shelby was good or not. Section. 1543, Code 1890 ; Faulkner v. Thurman, 23 So. 584, and the unbroken line, of authorities since that time. It is an…
1Opinion of the Court
Smith, C. J.,
delivered the opinion of the court.. Appellant filed his bill in the court below, alleging that he was the owner of an undivided one half interest in certain land; that the other half interest was owned by appellees; and prayed for a partition thereof. On final ■hearing the bill was dismissed; hence this appeal.
The material facts are that on the fourteenth day of April, 1887, E. A. Lindsley, purporting to act as an attorney in fact of L. B. Lindsley, the then owner of the land, executed a deed thereto to Mrs. Mary E. Shelby, which deed, for reasons not material to the question…
2Cases cited4 opinions
- Niday, Guardian v. CochranCourt of Appeals of Texas · 1906
- Sands v. DavisMichigan Supreme Court · 1879
- Wright v. SperryWisconsin Supreme Court · 1867
- Gardiner v. HintonMississippi Supreme Court · 1905
3Cited by17 opinions
- Hodgson v. Federal Oil & Development Co.Supreme Court of the United States · 1927
- Williams v. MassieSupreme Court of Alabama · 1924
- Griggs v. GriggsMississippi Supreme Court · 1953
- Wilder v. CurrieMississippi Supreme Court · 1957
- Ammann v. FosterSupreme Court of Oklahoma · 1937
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