Middleton v. Claughton
Mississippi Supreme Court
Prom the chancery court of Franklin county. IIoN. WilliaM C. Martin, Chancellor. Claughton and others, now appellees, were complainants in the court below, Mary J. Middleton and others, appellants, were defendants there; the appellants demurred to the bill of complaint; their demurrer was overruled in the court below, and they appealed to the supreme court. The facts averred in the bill are stated in the opinion of the court.
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Prom the chancery court of Franklin county. IIoN. WilliaM C. Martin, Chancellor. Claughton and others, now appellees, were complainants in the court below, Mary J. Middleton and others, appellants, were defendants there; the appellants demurred to the bill of complaint; their demurrer was overruled in the court below, and they appealed to the supreme court. The facts averred in the bill are stated in the opinion of the court. The section of the code construed is in the following words: “1553. Exempt property not to be partitioned in certain cases. — Where a decedent leaves a widow, to whom,…
1Opinion of the CourtWoods, C. J.
The bill for partition filed by appellees alleges these facts: W. T. P. Claughton died intestate in August, 1898, leaving a widow, Mrs. A. Gr. Claughton. and six children by a former marriage. At the dale of the death of the intestate, the lands of which jiartition is sought were occupied by him as his homestead. The widow, in the month of October following her husband’s death, conveyed by deed to A. M. Middleton, one of the respondents, all of her right, title, and interest in the lands, and the widow thereupon removed from the premises and ceased to own or occupy the same. A. M. Middleton,…
2Cited by3 opinions
- Jefcoat v. PowellMississippi Supreme Court · 1959
- Bohn v. BohnMississippi Supreme Court · 1942
- Martin v. MartinMississippi Supreme Court · 1904