Halsey v. Gee
Mississippi Supreme Court
From the chancery court of, first district, Carroll county. Hon. A. Mo. Kimbrough, Chancellor. Halsey, and others, appellants, were complainants in the court below; Gee and others, appellees, were defendants there. The object of the suit was to confirm the complainant’s title to the lands in controversy, known as the “Big Sand Place,” and to vacate and annul the deeds under which defendants claimed the plantation as clouds upon complainant’s title.
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From the chancery court of, first district, Carroll county. Hon. A. Mo. Kimbrough, Chancellor. Halsey, and others, appellants, were complainants in the court below; Gee and others, appellees, were defendants there. The object of the suit was to confirm the complainant’s title to the lands in controversy, known as the “Big Sand Place,” and to vacate and annul the deeds under which defendants claimed the plantation as clouds upon complainant’s title. The facts were as follows: The late Greenwood Leflore (in whose honor the city of Greenwood and the county of Leflore were named) died in 1-865,…
1Opinion of the CourtTeebal, J.
The fifth clause of the will of Greenwood Leflore vested the fee simple to the Big Sand place in the two devisees as tenants in common, with cross remainders over, contingent on the death of either without issue, and with an ulterior limitation if both should die 'without issue. Their joint conveyance vested in their grantee the fee as held by them — that is, subject to be divested and vested in the ulterior limitees if both devisees should die without issue. The death of John B., one of the devisees, leaving issue, destroyed the ulterior limitation by making impossible the contingency on…
2Cases cited3 opinions
- Nellis v. . NellisNew York Court of Appeals · 1885
- Buel v. . SouthwickNew York Court of Appeals · 1877
- Busby v. RhodesMississippi Supreme Court · 1880
3Cited by6 opinions
- Ball v. PhelanMississippi Supreme Court · 1908
- Henry v. HendersonMississippi Supreme Court · 1912
- Middlesex Banking Co. v. FieldMississippi Supreme Court · 1904
- Henry v. HendersonMississippi Supreme Court · 1911
- Armstrong v. ThomasMississippi Supreme Court · 1916
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