Power v. Telford
Mississippi Supreme Court
Appeal from the Circuit Court of Lee County. Hon. J. W. BuchaNAN, Judge. In 1870, there was set apart to Mary A. Duckworth, as the widow of J. J. Duckworth, deceased, and his two children by a former wife, as exempt property, a lot of personalty, consisting of household and kitchen furniture, farming utensils, horses, cows, hogs, etc. On the 15th of September, 1874, Mary A. Duckworth married again. In March, 1881, she died.
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Appeal from the Circuit Court of Lee County. Hon. J. W. BuchaNAN, Judge. In 1870, there was set apart to Mary A. Duckworth, as the widow of J. J. Duckworth, deceased, and his two children by a former wife, as exempt property, a lot of personalty, consisting of household and kitchen furniture, farming utensils, horses, cows, hogs, etc. On the 15th of September, 1874, Mary A. Duckworth married again. In March, 1881, she died. On the fifteenth day of August, 1881, the two children of J. J. Duckworth, deceased, now Mary E. Power and Julia A. Ligón, brought this action of replevin against B. C.…
1Opinion of the CourtChalmers, J.
Certain property was set apart, in 1870, as exempt to the widow and children of one Duckworth, under and by virtue •of the exemption act of 1865.
The widow married again, in 1874, and thereby, under the statute referred to, lost her interest in the property, which became exclusively the property of the children. Hardin v. Osborn, 43 Miss. 532. They brought this suit for it in 1881, and the court below charged that they could not maintain the action because more than one year had intervened between' the accrual of their exclusive right and the bringing of the suit. This was erroneous. Under the…
2Cases cited2 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Hardin v. OsborneMississippi Supreme Court · 1871
3Cited by3 opinions
- Cathey v. WeaverCourt of Appeals of Texas · 1916
- McOutcheon Church v. SmithCourt of Appeals of Texas · 1917
- Cathey v. WeaverCourt of Appeals of Texas · 1916