Simmons v. Ingram
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. R,. W. WilliamsoN, Chancellor. Ingram & Jennings, who were creditors of the estate of I. M. Simmons, deceased, upon a'judgment founded upon his promissory note given in May, 1874, filed the bill in this cause, in March, 1881, against C. E. Simmons, the widow of the deceased, W. H. Simmons, his son, and sole heir, and W. S. Smith, the administrator of his estate, for the purpose of subjecting, to the payment of the…
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Appeal from the Chancery Court of Holmes County. Hon. R,. W. WilliamsoN, Chancellor. Ingram & Jennings, who were creditors of the estate of I. M. Simmons, deceased, upon a'judgment founded upon his promissory note given in May, 1874, filed the bill in this cause, in March, 1881, against C. E. Simmons, the widow of the deceased, W. H. Simmons, his son, and sole heir, and W. S. Smith, the administrator of his estate, for the purpose of subjecting, to the payment of the complainant’s judgment a certain tract of land, which, it was alleged, I. M. Simmons, in his lifetime, had bought an (I paid…
1Opinion of the CourtCooper, J.
The demurrer of the defendant W. S. Simmons should have been sustained. His father, I. M. Simmons, never had any legal title to the land in controversy, nor did he have any equitable interest in it which a court of chancery would establish on an application by himself, or by any one claiming as a volunteer under him. This defendant having neither a legal nor an equitable title which it was necessary to divest in behalf of the complainants, and not being subject to any personal decree in favor of complainants, was indifferent to the result of this suit and was neither a necessary nor a proper…
2Cases cited10 opinions
- Hilliard v. CagleMississippi Supreme Court · 1872
- Doyle v. SleeperCourt of Appeals of Kentucky · 1833
- August Bernheim & Co. v. BeerMississippi Supreme Court · 1878
- Bay v. CookIllinois Supreme Court · 1863
- Carlisle v. TindallMississippi Supreme Court · 1873
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3Cited by4 opinions
- Cole v. BrownMichigan Supreme Court · 1897
- Lovell v. DenisonMichigan Supreme Court · 1912
- Van Arsdale v. FindleySupreme Court of Oklahoma · 1913
- Trenholm v. KlinkerMississippi Supreme Court · 1914