Louisville, New Orleans & Texas Railway Co. v. Blythe
Mississippi Supreme Court
From the circuit court of DeSoto county. Hon. James T. Fant, Judge.' The case is stated in the opinion. Without particularizing the several sections of the constitution, which, it is claimed, the power sought to be vested in the guardian violates, we submit that the legislature, as parens patria., is vested with the power to protect citizens under disability. For a learned discussion of this subject, see 2 Story, Eq. Jur., § 1333; 10 Am.
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From the circuit court of DeSoto county. Hon. James T. Fant, Judge.' The case is stated in the opinion. Without particularizing the several sections of the constitution, which, it is claimed, the power sought to be vested in the guardian violates, we submit that the legislature, as parens patria., is vested with the power to protect citizens under disability. For a learned discussion of this subject, see 2 Story, Eq. Jur., § 1333; 10 Am. Jurist, 297. The latter is quoted with approval in 'Williamson v. Williamson, 3 Smed. & M., 715. In England the power of parliament in such matters is upheld…
1Opinion of the Court
Frank Johnston,
Special Judge, delivered the opinion of the court.
On the 15th day of May, 1884, Mrs. Blythe, as the guardian of her two minor children, conveyed by deed the right of way through the lands of her wards, to the New Orleans, Baton Rouge, Vicksburg & Memphis Railroad Company, the consideration expressed in the deed being for the sum of one dollar, and the further condition that the grantee, the railroad company, should establish and maintain a depot and section-house and tank on the land.
The minors owned the land in common with Mrs. Blythe, their mother, and three other adult…
2Cases cited7 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Hoyt v. SpragueSupreme Court of the United States · 1881
- Florentine v. BartonSupreme Court of the United States · 1865
- Boon v. BowersMississippi Supreme Court · 1855
- McComb v. GilkeyMississippi Supreme Court · 1855
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3Cited by6 opinions
- McIntosh v. DillSupreme Court of Oklahoma · 1922
- Wheeler v. ShoemakeMississippi Supreme Court · 1952
- Texas Co. v. HenrySupreme Court of Oklahoma · 1912
- Cockrell v. City of SouthavenMississippi Supreme Court · 1998
- Billy Hughey Cockrell v. City of Southaven, MississippiMississippi Supreme Court · 1997
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