NeSmith v. Patterson

Decided October 23, 1882

Mississippi Supreme Court · decided 1882-10-23

Ejectment by appellee against appellant. Prom a verdict and judgment for plaintiff, defendent appeals. On the trial plaintiff introduced a deed to one Mrs. M. D. NeSmith, and claimed as her heir, showing that she died several years prior to the bringing of the suit.

Relies on Robinson v. Stadeker

Reversed, · Decided 1882-10-23

¶1Opinion.

Cooper, J.:

¶2Because the appellee failed to connect herself with the title of the land sued for, the judgment will be reversed.

¶3We are urged to decide a question not presented by the record, as it is said it will be decisive of the controversy.

¶4The recent case of Stadeker v. Robinson, 59 Miss. 3, limiting somewhat the previous decisions on the validity of a judgment against a married woman where the record fails to show jurisdictional facts, it is probable, will cover the question involved.

¶5Judgment reversed.