Warren v. Davis
Mississippi Supreme Court
Warren v. Davis, 90 Miss. 336 (Miss. 1907)
43 So. 604
Whitfield
Warren v. Davis
Opinion of the Court
delivered the opinion of the court.
The learned chancellor was correct in all respect save one. The equitable title to the property was, as he correctly held, in John R. King at his death in 1876, and under Rev. Code 1871, § 1956, as construed in Hickman v. Ruff, 55 Miss., 549, the widow wa's entitled to a child’s part in fee simple in the exempt homestead. She was not entitled to anything else.
For error indicated, the decree is reversed, and the cause remanded, for decree in accordance with this opinion.
Reference
- Full Case Name
- Amanda J. Warren v. Octavia Davis
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Homestead. Inheritance. Right of widow. Equitable title. Code 1871, § 1956. Under Code 1871, § 1956, providing that property exempted by law from sale under execution shall on the death of the owner descend to his widow and children as tenants in common, the widow and children of the equitable owner of lands constituting his homestead at his death jointly and equally inherited the same in fee simple.