Walker v. Williams
Mississippi Supreme Court
From the chancery court of Lauderdale county. ILon. Stone Deavoubs, Chancellor. Ida Walker, appellant, was complainant, and Williams and others, appellees, defendants in the court below, in the supplemental proceedings out of which the litigation sprang. The facts were these: One John T. Ball died intestate in 1890, leaving some lands in the city of Meridian. His heirs were his son, A. II. Ball, .two daughters, and a grandson.
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From the chancery court of Lauderdale county. ILon. Stone Deavoubs, Chancellor. Ida Walker, appellant, was complainant, and Williams and others, appellees, defendants in the court below, in the supplemental proceedings out of which the litigation sprang. The facts were these: One John T. Ball died intestate in 1890, leaving some lands in the city of Meridian. His heirs were his son, A. II. Ball, .two daughters, and a grandson. One of the daughters — Lula— married a Mr. Wilkins, and the other married a Mr. Allien. In May, 1891, Mrs. Wilkins, Mrs. Allien, and E. B. Williams, the grandson, filed…
1Opinion of the CourtTruly, J.
Section 3101, Code 1892, provides that chancery courts in which suits for partition are instituted shall have power, in order to prevent multiplicity of suits, to “adjust the equities between and determine all claims of the several co-tenants.” It was proper, therefore, for the court in the instant case to inquire into and decide all controverted equities, and make a final adjustment of all claims arising out of and concerning the property sought to be partitioned. It is an established principle *398of equity that tenants in common sustain toward each other such a relation of trust as forbids one…
2Cases cited6 opinions
- Allen v. PooleMississippi Supreme Court · 1877
- Harrison v. HarrisonMississippi Supreme Court · 1878
- Hoffman v. SmithMississippi Supreme Court · 1884
- Neblett v. NeblettMississippi Supreme Court · 1893
- Davidson v. WallaceMississippi Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Daughtrey v. DaughtreyMississippi Supreme Court · 1985
- Ayers v. PetroMississippi Supreme Court · 1982
- Crum v. UpchurchMississippi Supreme Court · 1957
- Brunt v. McLaurinMississippi Supreme Court · 1937
- Beaman v. BeamanMississippi Supreme Court · 1907
13 more not listed; retrieve them via the Exa API.