McCormick v. McCormick
Mississippi Supreme Court
Error to tbe Circuit Court of Yazoo county. Hon. J". A. P. Campbell, judge. presented tbe following points: On tbe death of an ancestor intestate, seized of an estate of inheritance, bis lands immediately descend to bis heirs, with tbe right of entry and possession. 2 Black. Com. 208, 210; 1 Tnck.
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Error to tbe Circuit Court of Yazoo county. Hon. J". A. P. Campbell, judge. presented tbe following points: On tbe death of an ancestor intestate, seized of an estate of inheritance, bis lands immediately descend to bis heirs, with tbe right of entry and possession. 2 Black. Com. 208, 210; 1 Tnck. Com., book 2, 187, 188; 4 Kent’s Com. 374, 375; 3 Cruise’s Digest, 362, 363 ; 2 Comyn’s Digest, title Descent, 0. Tbis principle of the common law bas been incorporated into our statutes, and bave been in existence from its earliest legislation. Poind. Code, 41, section 50; How. & Hutcb. 393 ;…
1Opinion of the Court
IíaNDY, C. J.,
delivered the opinion of the court.
This was an action of replevin, brought by the defendant in error, as administrator of John McCormick, deceased, against the plaintiff in error, to recover a quantity of corn and fodder, alleged to be the property of the administrator. The suit was brought in the County Court, and from the judgment of that court the case was taken by appeal to the Circuit Court, where a judgment was rendered on a special verdict for the administrator, and the defendant takes the case here by writ of error.
The case depends entirely on the correctness of the…
2Cited by3 opinions
- Ainsworth v. BlakeneyMississippi Supreme Court · 1957
- Ainsworth v. SmithMississippi Supreme Court · 1930
- In re SchumpertDistrict Court, N.D. Mississippi · 1873