Brandau v. Greer
Mississippi Supreme Court
From tbe chancery court of Bolivar county. Hon. Peeey Bell, Chancellor. Hiss Greer and others, appellees, were complainants in the court below; Brandau and wife, appellants, were defendants there. From a decree in complainants’ favor the defendants' appealed to the supreme court.
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From tbe chancery court of Bolivar county. Hon. Peeey Bell, Chancellor. Hiss Greer and others, appellees, were complainants in the court below; Brandau and wife, appellants, were defendants there. From a decree in complainants’ favor the defendants' appealed to the supreme court. The bill charged that Sebastian W. Brandau had been appointed guardian of the complainants and took charge of their estate while they were small children, and that valuable property, the lands described in the bill, which had been left by their father incumbered by a deed of trust had been wrongfully permitted by…
1Opinion of the Court
Mates, J.,
delivered tbe opinion of tbe court.
Under tbe facts of this case Brandau and bis wife must be treated as tbe same person. If it was unlawful for Brandau to acquire from bis wards tbe title to tbeir property, it could never be held that one bolding so close a relation to him as that of wife, and witb such identity of interest as usually exists1 between parties sustaining this relation to each other, could lawfully acquire a title which tbe husband was forbidden to acquire.
There may be many disputed facts in this record, but tbe fact which controls this whole case admits of no dispute.…
2Cases cited2 opinions
- Brockett v. RichardsonMississippi Supreme Court · 1884
- Wise Bros. v. HyattMississippi Supreme Court · 1891
3Cited by18 opinions
- Bryan v. HolzerMississippi Supreme Court · 1991
- Knox Glass Bottle Co. v. UnderwoodMississippi Supreme Court · 1956
- National Surety Co. v. State ex rel. HeimannIndiana Supreme Court · 1913
- Meloy v. Nashville Trust Co.Tennessee Supreme Court · 1941
- Freeman v. MartinTennessee Supreme Court · 1944
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