Nichols v. Day
Mississippi Supreme Court
Appeal from chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Suit by C. C. Day against Bettie M. Nichols and others. From a decree overruling a demurrer to the original bill, the defendants appeal.
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Appeal from chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Suit by C. C. Day against Bettie M. Nichols and others. From a decree overruling a demurrer to the original bill, the defendants appeal. Our contention is, First: That the original conveyance from A. N. Nichols and Bettie Nichols to Stinson & McCullough limited the time of cutting and removing said timber to ten years, and could not be extended after that time, as to do so would make the conveyance a perpetuity; Second: That if it could be extended, it could only be done by the consent of A. N. Nichols, as provided…
1Opinion of the CourtSmith, C. J.
This is an appeal to settle the principles of the case from a decree overruling a demurrer to an original bill. The bill alleges, in substance:
That A. H. Nichols executed in September, 1899, a deed to certain described land to the appellees, his Avife and children, one of the provisions of which is that “said Mrs. Bettie Nichols shall hold in trust for herself and other heirs named as parties of the second part the above-described land, and shall pay out of the rent or proceeds of said land the folloAving notes when due, namely: One note due Miss M. K. Walker for two hundred and eighteen…
2Cases cited2 opinions
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
- Copiah Hardware Co. v. JohnsonMississippi Supreme Court · 1920
3Cited by12 opinions
- Sumter Lbr. Co. Inc. v. SkipperMississippi Supreme Court · 1938
- Carter v. BerryMississippi Supreme Court · 1962
- Lloyd's Estate v. Mullen Tractor & Equipment Co.Mississippi Supreme Court · 1941
- Williams v. BatsonMississippi Supreme Court · 1939
- Matter of Estate of AndersonMississippi Supreme Court · 1989
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