Myers v. Viverett
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Hon. Sam Whitman, Chancellor. Suit by Mrs. T. Myers and another against L. L. Viverett to cancel claim of title to land. From a decree for defendants, plaintiffs appeal.
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Appeal from the chancery court of Newton county. Hon. Sam Whitman, Chancellor. Suit by Mrs. T. Myers and another against L. L. Viverett to cancel claim of title to land. From a decree for defendants, plaintiffs appeal. Complainants claim title under an instrument executed by their father and mother, Benjamin and Eunice Shepherd, which is as follows: “This deed of conveyance made and entered into this the 10th day of November, 1873, between Benjamin Shepherd and his wife, Eunice Shepherd, of the first part, and Rachel and Mary Jane Shepherd, of the second part, all of the county of Newton,…
1Opinion of the Court
Smith, G. J.,
delivered the opinion of the court.
(After stating the facts as above.) A. The instrument under which appellants claim title, in so far as *340it deals with the land therein described, is not a will, but is a deed by which the land was conveyed to appellants, subject to a life estate reserved to the grantors. McDaniel v. Johns, 45 Miss. 632; Wall v. Wall, 30 Miss. 91, 64 Am. Dec. 147.
B. There is no merit in the contention of counsel for appellee that, conceding the instrument under which appellants claim title is a deed, and not a will, the statute of limitations commenced to run…
2Cases cited3 opinions
- Wall v. WallMississippi Supreme Court · 1855
- McDaniel v. JohnsMississippi Supreme Court · 1871
- Myers v. BuchananMississippi Supreme Court · 1872
3Cited by6 opinions
- Holland v. BlanchardCourt of Appeals of Texas · 1924
- Rodgers v. RodgersMississippi Supreme Court · 1953
- Carothers v. Estate of CarothersMississippi Supreme Court · 1956
- Coulter v. CarterMississippi Supreme Court · 1946
- Honea v. City Dairy, Inc.California Supreme Court · 1943
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