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93 Miss. 603

Sutton v. Archer

Mississippi Supreme Court

Decided October 15, 1908

Mississippi Supreme Court · decided 1908-10-15

Erom the chancery court of Washington county, Hon. Perot Bell, Chancellor. Sutton and others, appellants, were complainants in the court below; Archer and others, appellees, were defendants there. From a decree in defendants’ favor complainants appealed to the supreme court.

Cited by 4 later decisions — most recently April 1983

1 federal appellate · 3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1908-10-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2If the decree final below was based by the learned court on the statute of limitations, on the evidence we are not warranted in reversing it. If based on finding that the land contended for is in the state of Arkansas, and that, therefore, the Mississippi court is without jurisdiction, we approve it. In this case we find merely a contested title, the parties fighting at arms’ length, and, if Mississippi courts may in this case take jurisdiction, they may do so in any case involving controversy of the right to land in any other state when they have the parties before them.

¶3There is no question here of the specific performance of contract, enforcement of trust, fraud, accounting, or the doing of any act which, from previous dealings, is binding on the Conscience of a party. 1 Pom. Eq. Tur. (3d Ed.) § 298; 4 Pom. Eq. Tur. (3d Ed.) §1318; 5 Pom. Eq. Tur. (3d Ed.) § 17.

¶4Affirmed.

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