Alsobrook v. Eggleston
Mississippi Supreme Court
From the chancery court of Tallahatchie county. Hon. W. it. Trigg, Chancellor. The land, for a partition of which the bill in this case is filed, was originally owned by Armistead Payne and W. B. Alsobrook, the ancestor of complainant. They purchased jointly, but took the title in the name of Payne.
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From the chancery court of Tallahatchie county. Hon. W. it. Trigg, Chancellor. The land, for a partition of which the bill in this case is filed, was originally owned by Armistead Payne and W. B. Alsobrook, the ancestor of complainant. They purchased jointly, but took the title in the name of Payne. In 1862, after the death of Alsobrook, Payne filed a bill against the heirs of Alsobrook, who were then minors, in which he stated the true condition of the title, and prayed for a sale of the land for partition. The heirs of Alsobrook appeared by a guardian ad litem, and a decree was rendered for…
1Opinion of the CourtCooper, J.
The effect of the decree'made upon the petition of Payne against the heirs at law of Alsobrook, for sale of the lands for partition, was to conclusively settle the equitable right of Alsobrook’s heirs to one-half of the lands therein described.
There was no lawful execution of that decree by Davidson, the commissioner appointed to make the sale. He was required by law to make sale of the lands upon credit of six months, and to take bond with security from the purchaser in double the amount of the purchase-money, and it was -his *837duty to make report of Ms action' at the next term of the court.…
2Cases cited2 opinions
- Henderson v. HerrodMississippi Supreme Court · 1852
- State ex rel. Delmas v. CoxMississippi Supreme Court · 1885
3Cited by8 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Peeples v. BotkinMississippi Supreme Court · 1923
- Bank of Hickory v. McPhersonMississippi Supreme Court · 1912
- Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950
- Shuler v. MurphyMississippi Supreme Court · 1907
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