Hall v. Wells
Mississippi Supreme Court
Erkob. to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. E. M. Wells and D. S. Wells, the devisees of the lands in controversy under the will of Polly Wells, on Sept. 1, 1875, brought this action of ejectment against J. B. Hall, to which he pleaded not guilty, and the Statute of Limitations. There was a verdict and judgment for the plaintiffs. The bill of exceptions discloses that, in 1855, Polly Wells died, leaving the will, which was duly probated.
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Erkob. to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. E. M. Wells and D. S. Wells, the devisees of the lands in controversy under the will of Polly Wells, on Sept. 1, 1875, brought this action of ejectment against J. B. Hall, to which he pleaded not guilty, and the Statute of Limitations. There was a verdict and judgment for the plaintiffs. The bill of exceptions discloses that, in 1855, Polly Wells died, leaving the will, which was duly probated. On Feb. 6, 1855, Spiva M. Wells, the father of the devisees, who were then minors, filed his petition in the court where the…
1Opinion of the Court
The judges delivered opinions seriatim.
CAMPBELL, J.:
If § 2173 of the Code of 1871 embraces a sale made by order of a Probate Court by a father who had been appointed by such court guardian of his children, this action was barred, because not instituted within one year after said section took effect. It has been argued that the appointment in the year 1855 by the Probate Court of the father of the minors as their guardian was wholly void, and he was not guardian, and the sale he made by order of the Probate Court was not a *297sale by a guardian; and, therefore, although the sale was in good faith…
2Cases cited2 opinions
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Stewart v. Morrison'sMississippi Supreme Court · 1860
3Cited by22 opinions
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Sandlin v. BarkerSupreme Court of Oklahoma · 1923
- O'Keefe v. BehrensSupreme Court of Kansas · 1906
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Grant v. MontgomeryMississippi Supreme Court · 1942
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