Nunnery v. Ford
Mississippi Supreme Court
From the circuit court of Amite county. Hon. Moysb H. Wilkinson, Judge. Nunnery, appellant, was plaintiff in the court below, and Ford, appellee, defendant there. From a judgment, directed by the court, in defendant’s favor plaintiff appealed to the supreme court.
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From the circuit court of Amite county. Hon. Moysb H. Wilkinson, Judge. Nunnery, appellant, was plaintiff in the court below, and Ford, appellee, defendant there. From a judgment, directed by the court, in defendant’s favor plaintiff appealed to the supreme court. In January, 1900, Ford, appellee, being the owner of the ■ south half of the southeast quarter of section 16, township 4, range 4, in Amite county, eighty acres, conveyed to one Ethridge land described in his deed of conveyance as “south half of the southeast quarter, except two acres, more or less, lying on north side of Little…
1Opinion of the Court
Calhoon, L,
delivered the opinion of the court.
Nunnery brought ejectment to recover eighty acres of land. Tie claims under a conveyance from Ford to the grantor of his grantor. This conveyance is of the land sued for, properly described, “except two acres, more or less, lying on north side of Little creek.” It seems that in fact there were eleven acres north of that creek. The defense was for that only.
The exception is void for uncertainty, and Nunnery took at law the whole eighty acres. If the exception had been of all the land north of the creek, being or containing two acres, more or less,…
2Cases cited6 opinions
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- McAllister v. HoneaMississippi Supreme Court · 1893
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- Barnett v. NicholsMississippi Supreme Court · 1879
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