Kemp v. Turman
Mississippi Supreme Court
Appeal from the chancery court of Chickasaw county. Hon. J. Q. Robins, Chancellor. Suit by Dan Turman against Mrs. Cora Kemp. From .a judgment for plaintiff, defendant appeals. Mason P. Turman died at his home in Houston, Miss., in 1905, intestate, leaving as his heirs at law his widow .and three children, to wit, appellant, Cora Kemp, appellee, Dan Gr. Turman, and another son, M. B. Turman.
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Appeal from the chancery court of Chickasaw county. Hon. J. Q. Robins, Chancellor. Suit by Dan Turman against Mrs. Cora Kemp. From .a judgment for plaintiff, defendant appeals. Mason P. Turman died at his home in Houston, Miss., in 1905, intestate, leaving as his heirs at law his widow .and three children, to wit, appellant, Cora Kemp, appellee, Dan Gr. Turman, and another son, M. B. Turman. At the time of the death of the intestate, his wife and daughter were living with him, and both were in feeble health. His sons had left home years before, and were living in -other states, and rarely…
1Opinion of the CourtCook, J.
court.
This case was decided by the chancellor upon full proof,, resolving everything involved in the controversy against appellant.
One of the questions involved- — in truth, the main question — was whether money given by the father of both parties to appellee is to be treated as an advancement, and appellant contends that it must be so regarded, unless the evidence clearly shows that such was not the intention of the parties at the time.the money was paid. In other words it is insisted that when a father gives, money to a son it will be presumed that it was given by way of an advancement…
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