Freeman v. Cunningham
Mississippi Supreme Court
Error to the Circuit Court of Rankin County. Hon. A. G. Maters, Judge, did not preside in this case; but S. H. Terral acted as judge pro hao vice. John D. Freeman and Harvey Ware, the plaintiffs in error, brought ejectment June 11,1875, claiming by a deed executed after her husband’s death, by Mrs. Caroline Meadows, the original owner of the land.
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Error to the Circuit Court of Rankin County. Hon. A. G. Maters, Judge, did not preside in this case; but S. H. Terral acted as judge pro hao vice. John D. Freeman and Harvey Ware, the plaintiffs in error, brought ejectment June 11,1875, claiming by a deed executed after her husband’s death, by Mrs. Caroline Meadows, the original owner of the land. R. E. Cunningham, the defendant, introduced two deeds of trust executed by Mrs. Meadows and C. H. Meadows, her husband, to secure two notes, due Oct. 15, 1866, and Jan. 1, 1869, and proved that the land was included in the bankruptcy schedules of C.…
1Opinion of the CourtCampbell, J.
In Griffin v. Sheffield, 38 Miss. 359, it was held that a recovery by the plaintiff in ejectment could not be defeated by showing that the defendant had acquired an outstanding title, which was barred by the Statute of Limitations, at the time of such acquisition. In Heard v. Baird, 40 Miss. 793, it was decided that the estate of the mortgagor or the grantor in a deed of trust which was extinct by lapse of time, was not such a legal estate as would support an action of ejectment, because a legal title is necessary to maintain ejectment; and it was said that the deed of trust had the effect to…
2Cases cited7 opinions
- Staton v. BryantMississippi Supreme Court · 1877
- Griffin v. SheffieldMississippi Supreme Court · 1860
- Carpenter v. BowenMississippi Supreme Court · 1868
- Buckley v. DaleyMississippi Supreme Court · 1871
- Sulphine v. DunbarMississippi Supreme Court · 1877
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3Cited by4 opinions
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Adams v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1903
- Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
- Baker v. Connecticut General Life Ins.Mississippi Supreme Court · 1944