Ragland v. Green
Mississippi Supreme Court
Appeal from the vice-chancery court at Monticello; Hon. James M. Smiley, vice-chancellor. The bill, filed June 6th, 1843, states, that Henry Ragland, of Pike county, about the 28th day of March, 1819, made his last will and testament, and thereby devised to complainant two negroes, Daniel and Caroline, and lent to his wife, the mother of complainant, the plantation, and two other negroes, Peter and Dolly, which, at the expiration of a stated period, were to become the…
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Appeal from the vice-chancery court at Monticello; Hon. James M. Smiley, vice-chancellor. The bill, filed June 6th, 1843, states, that Henry Ragland, of Pike county, about the 28th day of March, 1819, made his last will and testament, and thereby devised to complainant two negroes, Daniel and Caroline, and lent to his wife, the mother of complainant, the plantation, and two other negroes, Peter and Dolly, which, at the expiration of a stated period, were to become the property also of complainant, and shortly thereafter died; thereupon said will was duly proved by one of the attesting…
1Opinion of the CourtJustice Clayton
The bill in this case was filed by the appellant, to recover certain land and .slaves, under the will of his grandfather. We shall make no formal abstract of the proceedings, but will advert only to such parts as in our view are necessary to elucidate the conclusion.
The demurrer of Green and wife, and of all those holding possession of the land, was properly sustained. The will, under which the complainant set up claim, was proven only by one witness. As an incipient probate, one witness might have been sufficient; but in any controversy respecting the title of the land, it must be shown that…
2Cited by3 opinions
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