Smith v. Kirkland

Decided November 15, 1906

Mississippi Supreme Court · decided 1906-11-15

From the chancery court of Scott county. Hon. James L. McOaskill, Chancellor. Mrs. Smith, the appellant, was complainant in the court below; Kirkland, the appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. The object of the suit was to cancel defendant’s claim of title to the land in controversy.

Cited by 2 later decisions — most recently May 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1906-11-15

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2If appellees had relied in the court below on the legal presumption arising from the execution of the trustee’s deed that notice had been properly posted, the case might possibly be affirmed. But appellee, not choosing to do this, introduced testimony for the purpose of showing that the notices had been duly posted according to the provisions in the trust instrument, which testimony clearly, proves the contrary — that they had not been so posted. We have, therefore, a case in which the presumption is out of-the way, and the decision must turn on the evidence; and on the evidence there is a failure to show proper posting of the notices.