Legal Opinion

Smith v. Richardson

Mississippi Supreme Court

Decided June 4, 1883PublishedCited by 3 opinions

On June 17, 3 862, Jonathan and Mary, D. Smith conveyed, by deed, a certain tract of land in Hinds county to Mary A. Smith, wife of Lemuel H. Smith, “and the heirs of her body begotten by the said Lemuel H. Smith.”

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On June 17, 3 862, Jonathan and Mary, D. Smith conveyed, by deed, a certain tract of land in Hinds county to Mary A. Smith, wife of Lemuel H. Smith, “and the heirs of her body begotten by the said Lemuel H. Smith.” Afterwards, on the 2nd day of February, 1875, the same parties made a second deed to said Mary A. Smith to the same land and some additional land; this deed was to “Mary A. Smith, wife of Lemuel H. Smith, during her life, and to her heirs begotten by said Lemuel Smith, forever.” Mary A. Smith, after the last deed was executed, gave a deed of trust on the said land to T. E.…

1Opinion of the Court

Opinion.

Cooper, J.:

A careful examination has convinced us that the construction of our statute governing the limitations of estates contended for by counsel for the appellants is the correct one, and we would readily adopt it but' for the decision in the case of McKenzie v. Jones, 39 Miss. 230. That case arose under the Act of 1822, and both court and counsel seem to have overlooked or ignored the proviso to the 24th section‘of that act. The decision, however, fixed the construction of the statute, and thereby established a rule of property, and we are constrained to follow it. Besides this,…

2Cases cited1 opinion

  1. McKenzie v. JonesMississippi Supreme Court · 1860

3Cited by3 opinions

  1. Russell v. Federal Land BankMississippi Supreme Court · 1937
  2. Russell v. Federal Land BankMississippi Supreme Court · 1937
  3. Saucier v. Life & Casualty Ins.Mississippi Supreme Court · 1940

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