Hopper v. Hopper

Decided February 5, 1883

Mississippi Supreme Court · decided 1883-02-05

Bill in chancery for partition of personal property by appellants against appellees. From a decree sustaining defendants’ demurrer to the bill, complainants appeal. The bill alleges that H. IT. Hopper, the father of the complainants and two of the defendants and the husband of Nancy Hopper, died intestate on the 28th of September, 1881, and T. II.

Beversed and remanded, · Decided 1883-02-05

¶1Opinion.

Campbell, C. J.:

¶2Pretermitting an opinion on the power of the Legislature to pass an act to divest the children of one who had died before the passage of the act of their right as co-owners of the exempt property to have a partition of it until the happening of a future contingency, we think it a sound rule to hold the Act of February 11, 1882, Acts, p. 112, to be prospective only in its operation, and as not affecting rights which were fixed before the passage of the act.

¶3Decree reversed and cause remanded.