Hudson v. Moon

BANKS, Justice,

for the Court:

¶ 1. Appellants raise three issues for our consideration: (1) whether § 270 of the Mississippi Constitution and Miss.Code Ann. § 91-5-31 grant in them, the heirs at law of the testator, a vested interest in land subject to compulsory divesture by sale by a proscribed beneficiary institution; (2) whether this Court can consider the question of constitutionality, and if so, was mortmain in Mississippi, now repealed, unconstitutional; and (3) whether the estate proceeding is res judicata on the present application of mortmain. We conclude that the heirs had a vested…