White v. Lefoldt

Decided October 15, 1900

Mississippi Supreme Court · decided 1900-10-15

From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Mrs. White, the appellant, was the complainant, and Lefoldt, the appellee, was defendant in the court below.

Good law ✅— No negative treatment on recordhow we know

Decided 1900-10-15

How this case has been cited

Cited by 3 later decisions — most recently October 1954

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2We know no statute, nor common law principle, nor adjudication in law or equity, nor sound reason which would, by any stretch, authorize or-justify a court of equity, without express consent of the parties, in including in a decree of sale for partition of property owned in common other property owned exclusively by one of the parties. Partition of land must be between “joint tenants, tenants in common, or coparceners” (code 1892, § 3097); and so of personalty (Id., §§3120, 3121). The action of the court below is affirmed, and the cause remanded for such procedure as may be desired and proper in reference to the land, exclusive of the house on it, which is the personal property of Mrs. White.