Legal Opinion

Collins v. Bounds

Mississippi Supreme Court

Decided March 15, 1903PublishedCited by 2 opinions

From the chancery court of, second district, Marion county. Hon. Stone Devours, Judge. Bounds and wife, appellees, were complainants and Collins and another, appellants,' were defendants in the court below. From an interlocutory decree, overruling a motion to dissolve injunction, defendants appealed to the supreme court. The opinion states the facts of the case. At the time the deed was executed to Collins, Bounds and his wife were not residing on the property.

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From the chancery court of, second district, Marion county. Hon. Stone Devours, Judge. Bounds and wife, appellees, were complainants and Collins and another, appellants,' were defendants in the court below. From an interlocutory decree, overruling a motion to dissolve injunction, defendants appealed to the supreme court. The opinion states the facts of the case. At the time the deed was executed to Collins, Bounds and his wife were not residing on the property. It was, therefore, necessary for them to show beyond question that they had ceased to reside on the homestead alone because of some…

1Opinion of the CourtCalhoon, J.

This appeal is from a decree overruling a motion to dissolve an injunction which had been granted to Bounds and wife, restraining appellants from committing waste on a 40-acre tract of land. The sole question involved is whether or not there had been such an abandonment of the homestead as to enable the husband, without the wife’s joinder, to make a valid conveyance of part of it. The chancellor-had evidence before him, which no doubt determined his action, to the following effect: The husband made a homestead entry from the government of the United States of one hundred and twenty acres of…

2Cases cited3 opinions

  1. Thompson, Lampkin & Co. v. TillotsonMississippi Supreme Court · 1878
  2. Majors v. MajorsMississippi Supreme Court · 1881
  3. Moore v. BradfordMississippi Supreme Court · 1892

3Cited by2 opinions

  1. Adams v. BoundsMississippi Supreme Court · 1955
  2. Bank of Cruger v. HodgeMississippi Supreme Court · 1940

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