Legal Opinion

Jelks v. Barrett

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 9 opinions

Appeal from the Chancery Court of Hinds County. Hon. W. B. PeytoN, Chancellor. All the material facts in this case will be found in the-opinion of the court. The 14th section of Perry Cohea’s will provides for a sale-of his land in Hinds county; 17th gives his estate -to his. children and grandchildren; 18th appoints J. Stowe, Samuel. Matthews, and D. A. Cohea his executors.

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Appeal from the Chancery Court of Hinds County. Hon. W. B. PeytoN, Chancellor. All the material facts in this case will be found in the-opinion of the court. The 14th section of Perry Cohea’s will provides for a sale-of his land in Hinds county; 17th gives his estate -to his. children and grandchildren; 18th appoints J. Stowe, Samuel. Matthews, and D. A. Cohea his executors. The purpose of the bill is to charge the heirs, upon an-alleged agreement of Samuel Matthews and D. A. Cohea,. executors, with John Echols, made in June, 185.9, for sale to Echols of the land in controversy, and to…

1Opinion of the CourtChalmers, J.

The heirs of Perry Cohea brought ejectment in the circuit court of Hinds county against the heirs of Thomas Barrett, and against the Vicksburg & Meridian Railroad Company, for the recovery of a certain tract or parcel of land in the city of Jackson.

Thereupon the heirs of Barrett and said railroad company filed the bill in this cause enjoining said ejectment suit, setting-up an equitable title to the land in themselves, and praying for a divestiture of the legal title out of the Cohea heirs, and its investiture in them. They had decree in the chancery court, from which the heirs of Cohea…

2Cases cited4 opinions

  1. Johnson v. BrookMississippi Supreme Court · 1856
  2. Hicks v. WhitmoreNew York Supreme Court · 1834
  3. Ijams v. HoffmanCourt of Appeals of Maryland · 1851
  4. Graig v. GodfroyCalifornia Supreme Court · 1851

3Cited by9 opinions

  1. Fisher v. KuhnMississippi Supreme Court · 1877
  2. Townsend v. KennedySouth Dakota Supreme Court · 1894
  3. H. I. Stahlman, Jr., General Partner, and Wife, Mrs. J. S. Stahlman, Limited Partner, D/B/A Stahlman Lumber Company, Ltd. v. National Lead CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. Jon A. Swartzfager v. Thomas R. SaulMississippi Supreme Court · 2017
  5. Grantham v. RalleMississippi Supreme Court · 1963

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