Ball v. Phelan
Mississippi Supreme Court
Prom tbe chancery court of Tunica county. Hon. Perot Bell, Chancellor. William Hunt Phelan and others, appellees, .were complainants in the court below; William M. Ball, appellant, was defendant there. Prom a decree overruling defendant’s demurrer to the bill of complaint, the defendant appealed- to the supreme court. The opinion of the court states the facts.
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Prom tbe chancery court of Tunica county. Hon. Perot Bell, Chancellor. William Hunt Phelan and others, appellees, .were complainants in the court below; William M. Ball, appellant, was defendant there. Prom a decree overruling defendant’s demurrer to the bill of complaint, the defendant appealed- to the supreme court. The opinion of the court states the facts. It is immaterial whether the daughter, Julia, mentioned in the second and third items of the will of AYilliam B. Hunt, deceased, took a fee defeasible on dying without children or in case her children should die before marrying or…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The bill of complaint in this cause was exhibited by the appellees herein against William M. Ball for the purpose of canceling, as a cloud upon their title, certain conveyances under which Ball claims to be the owner of lands described -in the ’bill. The bill avers that the appellees are the grandchildren of one Wm. P. Hunt, who died the owner of the lands situated in Mississippi described in the bill, testate. That the said Wm. P. Hunt was a resident of the state of Tennessee, and his will was duly admitted to probate in the probate court…
2Cases cited18 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- In re Donges's EstateWisconsin Supreme Court · 1899
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Hyatt v. . ClarkNew York Court of Appeals · 1890
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3Cited by33 opinions
- Cross v. O'CavanaghMississippi Supreme Court · 1945
- Yeates v. BoxMississippi Supreme Court · 1945
- Rice v. McMullenMississippi Supreme Court · 1949
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- Epworth Children's Home v. BeasleySupreme Court of South Carolina · 2005
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