Lampkin v. McCreight
Mississippi Supreme Court
Appeal from the chancery court of Oktibbeha county. Hof. A. J. McINtybe, Chancellor. Suit by S. H. McCreight against Mrs. M. E. Lampkin, executrix, and others. From an adverse decree, defendants appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Oktibbeha county. Hof. A. J. McINtybe, Chancellor. Suit by S. H. McCreight against Mrs. M. E. Lampkin, executrix, and others. From an adverse decree, defendants appeal. The facts are fully stated in the opinion of the court. This ease is controlled or should be controlled by the equitable proposition that an agent cannot, by a breach of duty to his principal, secure and retain the fruits of any transaction, involving such breach of good faith. This doctrine is clearly defined in Gillenwaters v. Miller, 49 Miss. 150, in which the court announces that ■equity…
1Opinion of the CourtSykes, J.
S. H. McOreight, appellee, filed a petition in the chancery court of Oktibbeha county for a partition of eighteen acres of land. In ■ his petition he alleged, that he was the owner by purchase from certain negroes of an undivided six-sevenths interest in the land in controversy, and that the heirs or devisees, of R. A. Lampkin, deceased, were the owners of the other undivided one-seventh interest in said land; that R. A. Lampkin, his heirs and devisees, had been in possession of the$e lands for ten or fifteen years, and had, appropriated to their use the rents, profits, etc.. Petitioner asked…
2Cases cited3 opinions
- Winn v. DillonMississippi Supreme Court · 1854
- Fairly v. FairlyMississippi Supreme Court · 1859
- Murphey v. SloanCourt of Appeals of Mississippi · 1852