Lum v. Reed
Mississippi Supreme Court
Error to the Circuit Court of Issaquena County. Hon. C. C. Shackleford, Judge. The facts of the case appear in the opinion of the court. 1. The plaintiff in ejectment, in order to recover, must ¿how a complete title, good against the world. 2. A link in the plaintiffs chain of title, the sale by which the title was sought to be divested out of the heirs of Elias Pharr, was fatally defective, because, — (1.) The Probate Court did not acquire jurisdiction over the…
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Error to the Circuit Court of Issaquena County. Hon. C. C. Shackleford, Judge. The facts of the case appear in the opinion of the court. 1. The plaintiff in ejectment, in order to recover, must ¿how a complete title, good against the world. 2. A link in the plaintiffs chain of title, the sale by which the title was sought to be divested out of the heirs of Elias Pharr, was fatally defective, because, — (1.) The Probate Court did not acquire jurisdiction over the subject-matter. (2.) It did not acquire jurisdiction over the heirs-at-law, whose title was sought to be divested. Boot v. MoFerrin,…
1Opinion of the CourtChalmers, J.
This action is ejectment, brought by Reed against Alice Lum and husband. The locus in quo had originally belonged to W. C. Demoss, the father of Mrs. Lum. Demoss dying intestate, this tract of land lying in Issaquena County was sold, with various others situate in several different counties, under proceedings begun and carried through by his heirs in the Probate Court of Hinds County, in which county he had his residence while alive.
The sale under the probate proceedings took place in 1851, when Elias Pharr became the purchaser, receiving a deed.
From Pharr the land passed by successive…
2Cases cited5 opinions
- Hanks v. NealMississippi Supreme Court · 1870
- Hicks v. SteiglemanMississippi Supreme Court · 1873
- Kerr v. FarishMississippi Supreme Court · 1876
- Harris v. RansomCourt of Appeals of Mississippi · 1852
- Wilson v. DuncanMississippi Supreme Court · 1870
3Cited by1 opinion
- Quarles v. HiernMississippi Supreme Court · 1893