Legal Opinion

Fox v. Coon

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 12 opinions

Appeal from the Chancery Court of Lawrence County. Hon. T. B. Graham, Chancellor. Charles H. Fox died in 1862 leaving a widow, now Mrs. Amanda M. Smith, and several heirs. Certain land now in controversy was set aside to the widow, who is still alive, as her dower. In 1876 she failed to pay the taxes on this land and it was forfeited to the State. In 1880 Robert. N. Fox, one of the heirs of Charles H. Fox, deceased, acquired the State’s title.

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Appeal from the Chancery Court of Lawrence County. Hon. T. B. Graham, Chancellor. Charles H. Fox died in 1862 leaving a widow, now Mrs. Amanda M. Smith, and several heirs. Certain land now in controversy was set aside to the widow, who is still alive, as her dower. In 1876 she failed to pay the taxes on this land and it was forfeited to the State. In 1880 Robert. N. Fox, one of the heirs of Charles H. Fox, deceased, acquired the State’s title. He then executed a deed of trust upon the land in favor of Albert Coon, who in 1886 caused the trustee to sell the land, which was purchased by W. W.…

1Opinion of the CourtCampbell, J.

Robert N. Fox was disabled from acquiring from the State and holding the fee against his co-tenants of the estate after the termination of the life estate of the dowress, i. e., he held the fee as trustee for all the co-tenants, but he was under no disability as to the life estate, and could hold that for himself. So that as to it he was *468sole owner, and as to the fee after the termination of the life estate, he was holder for himself and co-tenants. Harrison v. Harrison, 56 Miss. 174; Lenoir v. Bridges, MS. No. 3440.

The deed of trust conveyed all his interest. The life estate has not…

2Cases cited1 opinion

  1. Harrison v. HarrisonMississippi Supreme Court · 1878

3Cited by12 opinions

  1. Robinson v. LewisMississippi Supreme Court · 1890
  2. Gilleylen v. MartinMississippi Supreme Court · 1896
  3. Green v. HalstedSupreme Court of Colorado · 1925
  4. Tillman v. Richton Tie & Timber Co.Mississippi Supreme Court · 1955
  5. McGee v. CarterCourt of Appeals of Tennessee · 1948

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