Cannon v. Barry
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. 1.. If proper parties were found to be wanting at the final hearing, and no previous objection was made, the court should not have dismissed the bill, but have remanded it to rules in order that the parties could be brought in. 1 Dan. Ch. Prac. 287. The trustees had no interest in the suit.
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Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. 1.. If proper parties were found to be wanting at the final hearing, and no previous objection was made, the court should not have dismissed the bill, but have remanded it to rules in order that the parties could be brought in. 1 Dan. Ch. Prac. 287. The trustees had no interest in the suit. Remainder-men need not look to trustees for protection, but may apply for injunctions against waste committed by life-tenants. Kerr on Injunctions, 257 ; 2 Dan. Ch. Prac. 1630. Where real estate subject .to an entail is in…
1Opinion of the CourtChalmers, C. J.
The complainants (appellants) are the children of R. L. Cannon, and claim, under the deed executed by their grandfather, Rusha Cannon, to be the remainder-men of the property therein conveyed for life to their said father. They bring this bill against the defendant Barry, Avho has become the purchaser at bankrupt sale of the life-estate of the father, alleging that he has committed, and is committing, waste upon the *299inheritance, for which they seek an account for the past and an injunction for the future. It is objected by the defendant that the limitation in the deed of the grandfather,…
2Cases cited4 opinions
- Gamble v. WittyMississippi Supreme Court · 1877
- Conner v. ShepherdMassachusetts Supreme Judicial Court · 1818
- Cogburn v. HuntMississippi Supreme Court · 1879
- Cogburn v. HuntMississippi Supreme Court · 1880
3Cited by30 opinions
- Ohio Oil Co. v. DaugheteeIllinois Supreme Court · 1909
- Hemphill v. Mississippi State Highway CommissionMississippi Supreme Court · 1962
- Estate of Baumgardner v. ReadyMississippi Supreme Court · 2012
- Brown v. BibbSupreme Court of Missouri · 1947
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
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