Birmingham v. Birmingham
Mississippi Supreme Court
Error to the Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. Under the act of 1865 (Laws 1865, p. 138, § 3) the widow took a life estate, during widowhood, in the entire tract of one hundred and sixty acres, as against the collateral heirs of her deceased husband.
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Error to the Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. Under the act of 1865 (Laws 1865, p. 138, § 3) the widow took a life estate, during widowhood, in the entire tract of one hundred and sixty acres, as against the collateral heirs of her deceased husband. Sheet Acts 1865, p. 137; Sheet Acts, October Session, 1852, p. 66 ; 27 Miss. 92; 31 Miss. 567; 33 Miss. 39; 38 Miss. 200 ; 39 Miss. 467 ; 41 Miss. 659; 42 Miss. 420 ; 43 Miss. 535 ; 45 Miss. 275, 421; 46 Miss. 71; 9 Bush (Ky.), 72. 1. Under the third section of the act of 1865 (Laws 1865, p. 138) the widow takes the…
1Opinion of the CourtSimrall, C. J.
Joshua Birmingham died in 1867, seised and in possession of a quarter-section of land, on which he resided. Mary A. Birmingham is his widow; but he left surviving no child or children, nor descendants of a deceased child. Since the *611death of her husband, Mary A., his widow, has continued to reside on the premises. The brothers and sisters of the said Joshua, his heirs-at-law, instituted proceedings in the Chancery Court to have one-half of the premises set apart and assigned to the widow for her dower. She resisted the suit, claiming the entire premises as a homestead exemption. Her demurrer…
2Cases cited6 opinions
- Lessley v. PhippsMississippi Supreme Court · 1874
- Gasaway v. WoodsCourt of Appeals of Kentucky · 1872
- Wally v. WallyMississippi Supreme Court · 1868
- Whitley v. StephensonMississippi Supreme Court · 1859
- Hardin v. OsborneMississippi Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jefcoat v. PowellMississippi Supreme Court · 1959
- Martin v. MartinMississippi Supreme Court · 1904