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62 Miss. 597

Johnson v. Crippen

Mississippi Supreme Court

Decided April 15, 1885

Mississippi Supreme Court · decided 1885-04-15

Hon. B. W. Williamson, Chancellor. The bill in this case, filed by E. Crippen and others against Nancy E. Johnson and others, alleged that in March, 1883, Mrs. Johnson, upon the consideration of love and affection, executed a deed conveying to Crippen’s wife, who was her daughter, and three other children of the grantor, as tenants in common, a certain tract of land, and delivered the same to her son, W. T. Johnson, one of the granteees therein, who retained it unrecorded…

Cited by 1 later decisions — most recently June 1964

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-04-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2But for the fact that an unsworn bill is responded to by a sworn answer, as demanded, the decree in this cause would be affirmed. No manual delivery of the deed is established. If there was a delivery at all, it was because the defendant intended what she did as a delivery. This she denies under oath, and by independent evidence gives an explanation consistent with her answer of the opposing facts established by the complainants. Where a complainant by an unsworn bill calls for and procures the sworn answer of *600the defendant, such answer cannot be overturned by any evidence less than that of one credible witness and corroborating facts. While the evidence for the complainant seems to us to be stronger than that for the defendant, aside from her answer, the preponderance is decidedly in her favor when the answer is added and considered as the testimony of a credible witness cognizant of the facts sworn to.

¶3The decree is reversed and the bill dismissed.

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