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…
1Concurrence
Sime all, C. J.:
I concur in the result, and also in the views of Mr. Justice Campbell as to the construction of that section of the Constitution of 1832 creating the Probate Court and conferring jurisdiction upon it. I think that the words “ orphans’ business,” as there used, are equivalent to the words “ minors’ business,” and should not have received the narrow and literal construction given to them in Stewart v. Morrison, 38 Miss. 417. I also agree with him, that the sale in question was embraced in the Statute of Limitations applied to it, even though the Probate Court had not…
Also in this document: Opinion of the Court.
2Cases cited7 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- City v. LamsonSupreme Court of the United States · 1870
- Havemeyer v. Iowa CountySupreme Court of the United States · 1866
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
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