Davidson v. Wallace
Mississippi Supreme Court
Appeal from the Chancery Court of Bolivar County. Hon. Charles Clark, Chancellor. This case comes up on the pleadings, which are substantially set forth in the opinion of the court. 1. In a proper proceeding and in the proper forum the appellees would have recourse for reimbursement of the amount expended by Wicks, for taxes on the one-third interest of Davidson in said lands, and for one-half the amount expended in improvements upon said land.
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Appeal from the Chancery Court of Bolivar County. Hon. Charles Clark, Chancellor. This case comes up on the pleadings, which are substantially set forth in the opinion of the court. 1. In a proper proceeding and in the proper forum the appellees would have recourse for reimbursement of the amount expended by Wicks, for taxes on the one-third interest of Davidson in said lands, and for one-half the amount expended in improvements upon said land. He could have recovered these sums, with interest, in an action at law in indebitatus assumpsit for money paid out and expended on account of said…
1Opinion of the CourtCampbell, J.
The appellees, as assignees of Wicks, exhibited their bill in chancery to compel an accounting for taxes paid, by him on land owned by him and Davidson as tenants in common, and for improvements made by him on the land, in pursuance of an agreement between the co-tenants to share the cost equally. The bill seeks contribution, and to have a lien declared on the land for the sum found due on the accounting sought. The administrators and heirs of Davidson are made parties, and the vendors of Davidson, who are shown by the bill to make some claim to the land, are also made defendants. The bill…
2Cited by8 opinions
- Daughtrey v. DaughtreyMississippi Supreme Court · 1985
- Allen v. PooleMississippi Supreme Court · 1877
- Walker v. WilliamsMississippi Supreme Court · 1904
- Shapiro v. ChernoffAppellate Court of Illinois · 1972
- Hendrix v. FooteMississippi Supreme Court · 1948
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