Robinson v. Burritt
Mississippi Supreme Court
From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. Appellant Robinson is a person non oompos mentis and a nonresident of this state owning lands in Noxubee county. By his guardian and next fri'end, R. C. Patty, he filed the bill in this case April 30, 1886, and obtained an attachment in chancery against the defendant, his sister, who is also anon-resident, but who owns land in said Noxubee county, and the attachment was levied on these lauds.
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From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. Appellant Robinson is a person non oompos mentis and a nonresident of this state owning lands in Noxubee county. By his guardian and next fri'end, R. C. Patty, he filed the bill in this case April 30, 1886, and obtained an attachment in chancery against the defendant, his sister, who is also anon-resident, but who owns land in said Noxubee county, and the attachment was levied on these lauds. The defendant was cited by publication. The bill claims that the defendant is indebted to complainant in the sum of about ten…
1Opinion of the CourtCoopee, J.
The bill in this cause was dismissed by the court below upon the ground of want of jurisdiction to afford any relief. In Carmichael v. Hunter, 4 How. (Miss.) 308, and Wathan v. Glass, 54 Miss. 382, it was decided that a court of chancery had jurisdiction to decree *360an account of rents and profits of lands against a disseizor, some of the owners of the land being infants. We are unable to distinguish between the rights of infants and persons non compos mentis to resort to a court of chancery for relief. The rule seems to be well settled that a court of chancery will charge as bailiff any person…
2Cases cited1 opinion
- Wathen ex rel. Goodrum v. GlassMississippi Supreme Court · 1877