Smith v. Richardson

Decided June 4, 1883

Mississippi Supreme Court · decided 1883-06-04

On June 17, 3 862, Jonathan and Mary, D. Smith conveyed, by deed, a certain tract of land in Hinds county to Mary A. Smith, wife of Lemuel H. Smith, “and the heirs of her body begotten by the said… Held: unless in that case, to hold otherwise would be incompatible with the face of the deed or will. It has been so held in cases like these, which I wish to develop distinctly, as I shall hereafter have nse for the principles in reviewing Mississippi decisions.

Cited by 2 later decisions — most recently November 1940

2 state decisions

Relies on McKenzie v. Jones

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1883-06-04

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¶1Opinion.

Cooper, J.:

¶2A careful examination has convinced us that the construction of our statute governing the limitations of estates contended for by counsel for the appellants is the correct one, and we would readily adopt it but' for the decision in the case of McKenzie v. Jones, 39 Miss. 230. That case arose under the Act of 1822, and both court and counsel seem to have overlooked or ignored the proviso to the 24th section‘of that act. The decision, however, fixed the construction of the statute, and thereby established a rule of property, and we are constrained to follow it. Besides this, the statute has since been re-enacted and we must infer that it was done with a full knowledge on the part of the legislative department of the construction put upon it by the court.

¶3The decree is therefore affirmed.