Wilson v. Jourdan
Mississippi Supreme Court
From the chancery court of Lee county. Hon. Henry L. Muldrow, Chancellor. Jourdan, appellee, was complainant, and Mrs. Wilson, appellant, was defendant in the court below. From a decree granting the complainant relief in part, Mrs. Wilson appealed to the supreme court, and Jourdan prosecuted a cross appeal, without bond.
Read the full summary
From the chancery court of Lee county. Hon. Henry L. Muldrow, Chancellor. Jourdan, appellee, was complainant, and Mrs. Wilson, appellant, was defendant in the court below. From a decree granting the complainant relief in part, Mrs. Wilson appealed to the supreme court, and Jourdan prosecuted a cross appeal, without bond. When the case reached the supreme court Mrs. Wilson, appellant, moved the dismissal of the cross appeal because appellee, the cross appellant, had not given an appeal bond. The facts are as follows: In January, 1896, appellee, who was a resident of Texas, married a Miss…
1Opinion of the CourtWhitfield, C. J.
The evidence shows clearly that it was the intention of the donor that the gifts of property, both real and personal, should take effect immediately and irrevocably, and that the gifts were fully executed by a complete and unconditional delivery at the time. Whenever this is the case, the mere fact that the donor is in extremis, expects to die, and does die of that illness even, does not affect the validity of the gifts, because they were, in such case, gifts inter vimos, and not gifts causa mortis. To hold otherwise would be to declare that no one could make a deed to land when sick of his…
2Cases cited3 opinions
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Carty v. ConnollyCalifornia Supreme Court · 1891
- Henschel v. MaurerWisconsin Supreme Court · 1887
3Cited by5 opinions
- Estate of Johnson v. JohnsonMississippi Supreme Court · 2017
- Crawley v. IvyMississippi Supreme Court · 1928
- Harriman v. BunkerSupreme Court of New Hampshire · 1919
- Alexander v. Mayor of NatchezMississippi Supreme Court · 1954
- Marshall v. StrattonMississippi Supreme Court · 1910