Billingsley v. Billingsley
Mississippi Supreme Court
Appeal from the chancery court of Tate county. Hon. J. G. McGowen, Chancellor. Partition suit by Mrs. Etta Billingsley and others against W. B. Billingsley. From the part of the decree allowing complainants attorneys fee, defendant appeals. This was a suit for partition filed in the chancery court by appellees against appellant.
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Appeal from the chancery court of Tate county. Hon. J. G. McGowen, Chancellor. Partition suit by Mrs. Etta Billingsley and others against W. B. Billingsley. From the part of the decree allowing complainants attorneys fee, defendant appeals. This was a suit for partition filed in the chancery court by appellees against appellant. The prayer of the bill was that commissioners be appointed to go upon said lands and divide them in kind, or if the court should determine that said lands were incapable of fair and equal division, then that they -be sold for division among complainants and…
1Opinion of the CourtSmith, C. J.
Appellant’s contention that the land here in question could not be divided equitably in kind appears to have been made in good faith, and was successful in part; and, while neither his claim for rent due him by appellees, nor for relief from the owelty allowed appellees by the commissioners and charged on his share of the land was resisted by appellees, he obtained the award of the first, and relief from the second, on the initiative and because of the efforts of his own counsel. We are therefore of the opinion that he should not be charged with any portion of the fee of appellees attorneys.…
2Cited by5 opinions
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