Lawson v. Bonner
Mississippi Supreme Court
From the chancery court of Banldn county. Hon. Henry O. Conn, Chancellor. Mrs. Louisa Allen died during the summer of 1899, and on the 11th day of October in that year her will was probated. By item 1 thereof she devised to the appellee, Laura V. Bonner, an undivided one-half interest in certain lands in Bankin county, Miss.
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From the chancery court of Banldn county. Hon. Henry O. Conn, Chancellor. Mrs. Louisa Allen died during the summer of 1899, and on the 11th day of October in that year her will was probated. By item 1 thereof she devised to the appellee, Laura V. Bonner, an undivided one-half interest in certain lands in Bankin county, Miss. By item 2 she gave to her sister, Emily N. Lawson, the other undivided one-half interest in the lands for the period of her natural life, and at her death said undivided one-half interest was to go, share and share alike, to the children of her two brothers, Charles and…
1Opinion of the CourtWhitfield, C. J.
Our statutes (Code 1892, § 3097, eb seq.) make it plainly improper to partition any rights in reversion or remainder, or to make reversioners or remaindermen parties to any partition proceeding. The writ and all the proceedings are possessory purely. It was, theerfore, manifest error for the court to attempt to deal in any way with the rights of the children of Charles and Richard Lawson. The extent of its power was to have partitioned the land on the west side of the road between Emily N. Lawson and Laura V. Bonner, leaving a new partition to be made at the death of the life tenant, Emily N.…
2Cited by5 opinions
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