Austin v. Barber
Mississippi Supreme Court
From tbe chancery court of Harrison, county. Hon. Tiiaddeus A. Wood, Chancellor. Mrs. Effie Elmer Dulion and others were the comjdainants in the court below; Mrs. Barber, the appellee, and. Mrs. Austin, the appellant, were defendants there.
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From tbe chancery court of Harrison, county. Hon. Tiiaddeus A. Wood, Chancellor. Mrs. Effie Elmer Dulion and others were the comjdainants in the court below; Mrs. Barber, the appellee, and. Mrs. Austin, the appellant, were defendants there. Mrs. Barber, the appellee, filed a cross-bill against her codefendant, Mrs. Austin, and complainant, Mrs. Dulion, the appellants, and obtained a final decree against them, based on a pro confesso to the cross-bill, from which they appealed to the supreme court. Jacob Elmer in his lifetime owned a tract of land in the city of Biloxi, which he devised in…
1Opinion of the Court
Mayes, J\,
delivered the opinion of the court.
There is no controversy growing out of the sale of the lands described in the original bill for partition, it having been practically agreed to by all parties; but the controversy arises on the cross-bill filed by Mrs. Barber, wherein she seeks to recover one-fourth of the rental value of the premises from the 26th day of October, 1900, the dato at which her rights in the property accrued to her according to the allegations of the cross-bill. We taire no notice of the original bill filed in this cause, since there is no complaint in reference to…
2Cases cited6 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Walker v. WilliamsMississippi Supreme Court · 1904
- Medford v. FrazierMississippi Supreme Court · 1880
- George v. SolomonMississippi Supreme Court · 1893
- Spears v. CheathamMississippi Supreme Court · 1870
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