Legal Opinion

Watson v. Byrd

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 4 opinions

Appeal from the Chancery Court of Rankin County. Hon. H. R. Ware, Chancellor. Flora Watson filed a bill against Sun Byrd, Nancy Mitchell, and Molissa McFerrin, on the sixth day of August, 1875, and alleged that on the day of a.d. 18 , Bryant Byrd died, leaving a personal estate ; that the defendant, Sun Byrd, took possession of said estate,'and converted it to his own use ; that the deceased left no heirs of his body, but the complainant and the defendants are his brother…

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Appeal from the Chancery Court of Rankin County. Hon. H. R. Ware, Chancellor. Flora Watson filed a bill against Sun Byrd, Nancy Mitchell, and Molissa McFerrin, on the sixth day of August, 1875, and alleged that on the day of a.d. 18 , Bryant Byrd died, leaving a personal estate ; that the defendant, Sun Byrd, took possession of said estate,'and converted it to his own use ; that the deceased left no heirs of his body, but the complainant and the defendants are his brother and sisters, except Molissa McFerrin, who is the daughter and sole heir of Lydia McFerrin, a sister of the deceased, and…

1Opinion of the CourtCampbell, J.

The bill charges that the complainant’s brother died intestate, leaving a small personal estate; and as the decedent had no heirs of his body, the complainant and the defendants are his heirs, and entitled to share equally his estate, but that the defendant, Sun Byrd, had taken possession of said personal estate, and converted it to his own use. The prayer is for account and distribution according to the rights of parties. *483A demurrer was filed at rules, and not set down for hearing at next term on first day, and on motion of the complainant it was struck out. On application of the defendant…

2Cases cited2 opinions

  1. Wood v. FordMississippi Supreme Court · 1855
  2. Rabb v. GriffinMississippi Supreme Court · 1853

3Cited by4 opinions

  1. McCracken v. McCaslinMissouri Court of Appeals · 1892
  2. Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
  3. In re estate of RileyNew Jersey Court of Chancery · 1921
  4. Baldridge v. EvansSupreme Court of Iowa · 1917

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