Legal Opinion · Dissent

Fisher v. Browning

Mississippi Supreme Court

Decided March 15, 1914Published

Appear from the chancery court of Sunflower county. Hon. E. W. Thomas, Chancellor. Bill of Mary Browning and others against J. B. Fisher. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

1Dissent

Miller, Special Judge

(dissenting).

I cannot concur with my Brethren in this case in answering the third and fourth propositions here for solution.

I do not believe that the decree in the proceeding for partition of the lands of Mrs. Mary J. Rule in cause No. 1100, in which it is contended that the legality of the adoption of Lulu May Browning in Kentucky was determined, and also that her legal rights flowing from that adoption, gave her capacity to inherit an interest in the lands of Church W. Rule in Mississippi.

*741I think this decree was not res judicata of Lula May Browning’s right to inherit…

2Cases cited7 opinions

  1. Humphries v. DavisIndiana Supreme Court · 1885
  2. Charles v. WhiteSupreme Court of Missouri · 1908
  3. Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
  4. Lincoln National Bank v. VirginNebraska Supreme Court · 1893
  5. Lanferman v. VanzileCourt of Appeals of Kentucky · 1912

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API